The PEOPLE OF THE TERRITORY OF GUAM, Plaintiff-Appellee, v. Franklin Borja CAMACHO, Defendant-Appellant
Opinion
Opinion
Noonan, J.
Franklin Borja Camacho appeals his conviction of violation of 9 Guam Code Annotated § 49.40(a) (Official Misconduct) and his conviction of violation of 9 Guam Code Annotated § 61.20(b) (Harassment). He was convicted of these crimes in the Superior Court of Guam; the convictions were affirmed by the Appellate Division of the District Court of Guam, to which we stand in the relation of a final court of appeals. 48 U.S.C. § 1424-3 (0.
The questions presented on appeal relate to how these crimes may be proved and to the scope of the official misconduct statute.
THE EVIDENCE
In April 1992 Camacho was a bus driver employed by the Department of Public Works of Guam. V was a 10-year-old girl attending the fifth grade and traveling to her school on a bus driven by Camacho. One morning after she had carried out her assigned responsibility of counting the students boarding the bus she waited at the front of the bus for Camacho to board. When he did, she began to walk towards her seat. At that point, according to her testimony, he “pinched her rear end” with both his hands. When she got off the bus that morning he said to her, as he had said on other occasions to her, “Save it for…