The People of the Territory of Guam v. Joseph C. Mafnas

This case is an appeal of a decision of the Appellate Division of the United States District Court of Guam, sitting as the court of appellate jurisdiction over the local courts of Guam.

The appellant presents two issues for our review:

At about 1 p.m. on October 24, 1980, Guam police officer J.M. Cruz went to the home of the parents of Joseph Mafnas to investigate the murder of Antonio Diaz. Cruz told Mafnas that he was not under arrest and asked if he would accompany him to the local police station for questioning. Mafnas agreed to go to the station in the officer’s patrol car.

When Mafnas arrived at the station, police officers advised him of his constitutional rights at least three times, twice in English and once in Chamorro. At about 1:50 p.m., Mafnas signed a waiver of rights. For the next several hours, police officers questioned Mafnas in a small interrogation room. During this period, Mafnas was allowed to visit with members of his family.

At approximately 9:15 p.m., Mafnas orally admitted that he had shot Diaz and left the body in a coral pit. After this oral admission and before this confession was reduced to writing, Mafnas asked for an attorney. One of the two…