The People of the Territory of Guam v. John C. Dela Rosa

AMENDED OPINION

Before MERRILL, DUNIWAY and TANG, Circuit Judges.

Johnny Dela Rosa appeals from a district court affirmance of a Guam superior court conviction for two counts of murder, one count of attempted murder, and three counts of robbery. Finding that the superi- or court’s failure to give Dela Rosa’s requested cautionary jury instructions on witness credibility was unduly prejudicial, we reverse.

Dela Rosa was charged with the shooting, beating, and robbery of three schoolteachers from Japan who were vacationing in Guam. Two of the teachers died as a result of this attack. The police’s initial suspect was Anthony Gumataotao, at whose house some of the victims’ belongings were discovered. . Gumataotao admitted that he helped Dela Rosa get rid of the murder weapon and the property stolen from the victims but told police that Dela Rosa was the man who attacked them. Gumataotao was the prosecution’s primary witness at trial and testified that Dela Rosa admitted to him that he had committed the crimes and disclosed to him details of the crimes.

Other evidence of Dela Rosa’s guilt included the chief criminalist’s testimony that the murder weapon, a Bernadelli Model 90, was…