After 12 jurors and two alternates were seated, the trial of Yolanda Megofna, Rogelio Marquez and Johnny Acfalle began Thursday with opening statements in the courtroom of Judge Maria T. Cenzon of the Superior Court of Guam.

The trio is charged with possession of a Schedule II controlled substance, possession with intent to deliver, and all charges include a special allegation of commission of a felony while on felony release.

On August 31, 2024, police stopped a vehicle due to an expired registration tag and no front license plate. Inside were Acfalle, who was driving the vehicle, Megofna in the front passenger seat and Marquez in the rear.

When asked if they had ever been arrested, Acfalle and Megofna said they were on probation; Marquez said he was never arrested, according to a magistrate’s complaint. It later turned out that all three had a history of criminal activity.

As defendants on bail, suspects must allow law enforcement to search their vehicles or premises at any time. On August 31, police found more than 23 grams of methamphetamine, a scale, small resealable bags, a pipe with residue and large resealable bags containing meth.

Court records show Acfalle has an open case involving drug possession and Marquez faces drug possession charges in 2023. In early 2023, Megofna was a passenger in a car driven by Acfalle, also with expired tags. During a search, police allegedly found a small bag containing methamphetamine.

During her opening statement, Acting Chief Prosecutor Gloria Rudolph said she intends to prove her case beyond a reasonable doubt. She outlined the details of the case:

Guam Police Department Officer Geon Diaz stopped a vehicle on Harmon Loop Road. While stopping the vehicle, the officer noticed that the rear passenger appeared to lean to his right several times.

The police officer learns that none of the occupants of the vehicle have identification or papers for the car. The occupants identified themselves as John Acfalle, Roger Marquez and Mary Santos.

When police reinforcements arrived, Sgt. Chris Champion recognized Mary Santos as Yolanda Megofna.

Police ask the driver, Acfalle, if there are any illegal items in the vehicle. Acfalle told police he didn’t know, but they were encouraged to check.

During a search of the vehicle, Diaz found a large bag filled with small resealable bags, a hose stuffed into a crevice in the back seat, and a 2-gallon red gas can with more bags and approximately 23 grams of a substance who later tested positive. crystal methamphetamine.

Other witnesses who may be subpoenaed include Champion, as well as criminalists from the Guam Police Department.

Defense attorneys Peter J. Santos, representing Megofna, and Terry Timblin, representing Marquez, also gave opening statements, while attorney Darlene Hiton, representing Acfalle, reserved.

Santos told the jury that all was not what it seemed. He said there were no records, transactions or confidential informants making controlled purchases. He said the police work was superficial and the prosecutor was asking the jury to jump to conclusions.

Timblin reminded the jury that even if there are three defendants in the same trial, they cannot lump them into one verdict. Each suspect must be considered individually. He also added that the red gasoline can Rudolph mentioned was never introduced into evidence.

The trial, according to Cenzon’s court calendar on the Guam Judicial Branch website, resumes at 10:30 a.m. Wednesday, Nov. 6.