IN RESPONSE TO ADDITIONAL BURIALS FOUND NEAR MAGUA, TERLAJE CALLS FOR HALT TO ALL CLEARINGS NEAR HISTORIC SITES

FOR IMMEDIATE NEWS RELEASE (July 22, 2020- Hagåtña, Guam)

During a July 13, 2020, informational briefing on Magua, the State Historic Preservation Officer (SHPO) disclosed that a latte period human burial had been found and a survey of the adjacent area was underway to determine the full scope of the burial grounds.  I was informed recently that three additional burials were found.  These multiple discoveries of burials follow the past refusal by U.S. Department of Defense (DoD) to preserve Magua in place, and DoD’s deliberate removal of Latte Period latte, lusong, earth ovens, tools, pottery, and other artifacts from the area.  Prior to being cleared, Magua was listed as a site eligible for the National Register of Historic Places, and is located near a fresh water source, inland from the cliffs above the ancient village of Haputo. The burials were found between Magua, marked on a 1676 map as Mahgua, and another historic site in the direction of Route 3.

“This must stop now. The clearing of latte and lusong from Magua and the disturbance of the adjacent burial grounds is a serious mistake and a grave injustice to Chamorro heritage and future generations.   The unilateral decision by DoD to clear  latte and other rare village artifacts that survived thousands of years in known historic sites eligible for the National Register of Historic Places, to unilaterally deem them culturally insignificant or not worthy of avoidance, is contrary to international standards of protection of indigenous cultures, and reminds us of the generations of harm that continue to be perpetuated by the land takings.  The DoD has not sufficiently altered its destructive plans for Magua, Litekyan, or Haputo despite our input in the “consultation” process under NEPA and NHPA,” stated Senator Therese Terlaje.

Senator Therese Terlaje further stated,  “I am grateful to the SHPO for informing me of these findings and for stating that he would pursue preservation in place of the burial site found near the ancient village of Magua.  However, if we are to prevent another incident like what has happened at Magua, the people of Guam must act united and strategically.  I call on our Governor, Congressman, Government agencies and all leaders to halt all further clearing by DoD in the Magua, Haputo, Litekyan,  and Fena sites until the U.S. agrees to preservation in place of ancient villages and cultural sites on military controlled property on Guam, and agrees to grant open access to these sites to Guam’s children.”

Photos below are images of artifacts removed from historic sites and stored outside in the Finegayan / NCTS. Photos were taken by Office of Senator Therese Terlaje during a May 23, 2019 visit.

Senator Therese Terlaje takes time this Liberation Day to support our veterans, GY671 and Freedom Grinderz as they cycle and March to Ypao Beach.

Got Your 671 (GY671), a community of veterans, in partnership with the Freedom Grinderz — comprised of avid cyclists, many of whom are veterans and serve in the Guam Army and Air National Guard – hosted a first-ever “Never leave a Fallen Comrade” combined Foot March and Bike Ride commemorating Guam’s Liberation Day, raising awareness about veteran suicide and combat-related Post Traumatic Stress Disorder.

It will took place on Liberation Day, July 21, 2020, with a 22 combined mile march/ride starting simultaneously at 6:00 a.m. from 2 points — 11 miles from the Andersen Airforce Base front gate and 11 miles from the Navy Base front gate and ending at Ypao Beach Park in Tumon. The 22-mile march is representative of the national average number of veterans who commit suicide a day.

Senator Therese Terlaje and staff set up two water stations along the 11 mile route from Navy Base to Ypao Beach to support the marcher and bike riders.

Biba Guam!!! Biba Liberation!!!

COMMITTEES ON ENVIRONMENT AND HISTORIC PRESERVATION STRESS THE SIGNIFICANCE OF PRESERVING CULTURAL SITES IN PLACE AT MAGUA AND LITEKYAN

FOR IMMEDIATE NEWS RELEASE (July 13, 2020- Hagåtña, Guam)

The Committee on Environment  chaired by Senator Sabina Perez and Committee on Historic Preservation chaired by Senator Therese Terlaje held a joint informational briefing to discuss the significance of cultural landscapes that are being cleared at Magua for the Marine Corps Main Cantonment Area and at Litekyan for the construction of a Live Fire Training Range Complex.

During the public hearing, it was revealed by the State Historic Preservation Officer (SHPO) that additional discoveries of human remains from the Latte Period were found at the NCTS/Marine Corps Main Cantonment area and are being analyzed by the State Archaeologist with the Navy.  SHPO stated that significant findings on the discoveries will be released at a later time. 

The chair of the Committee on Historic Preservation pressed the SHPO to release this information immediately and on an ongoing basis. “I’m glad the SHPO and governor are being briefed on these findings, but I really believe the people of Guam deserve a timely briefing and may help us to protect these sites.  Any information about our past belongs to all of us and should be shared with all of us timely,” stated Senator Therese Terlaje during the hearing.

The SHPO also shared that his office is seeking to amend the 2011 Programmatic Agreement to emphasize preserving historic properties in place, particularly in the Northwest Field area, also known as Tailalo, where the Multi Machine Gun Range, the largest firing range at the Live Fire Training Range Complex, is proposed to be built.  Senator Terlaje noted that “preservation in place” is the true premise and intent of the Programmatic Agreement and has consistently called on the government of Guam and federal government to practice “preservation in place” versus data recovery which is removal of the historic artifacts and human remains.  In January 2019, many groups joined together to ask the Governor to prevent further destruction at the site of the live firing ranges.

Also discussed during the informational briefing was the significance of Magua and Litekyan to the history and culture of CHamoru.

Archaeologist Mike Carson during the hearing noted, “Magua was a traditional village area and there are a number of interpretations of how intensive it was used, but the bigger picture is that it is an important site where we have learned information about the past that we didn’t know before. And it also relates with a number of living traditions among families today who have their own memories and traditions that they have remembered.  So, it is significant in a number of ways.”

He also shared about Litekyan that “what is important there (Litekyan) as an archeologist is the fact that we have found so much diversity of archeology and history in that area.  You can look at every time period of Guam and of the Marianas Islands in terms of natural history and cultural history and how they interrelated, and everything is there in that one place.  Not only that, but the full range and diversity of findings in terms of habitation sites, caves and rock art, water resources that changed in time, the type of food people ate, etc.  Everything that you could want to study about the past is there.”

Guam Historic Preservation Review Board member, Dave Lotz also testified on the significance of the historic sites.  He recommended that the numerous artifacts found throughout Magua and Litekyan should be looked at as a broader landscape and a larger CHamoru cultural landscape.

Senator Therese Terlaje stated, “While I commend the SHPO for finally insisting that human remains and cultural artifacts be preserved in place going forward, much more must be done by the government as we continue to lose opportunities to protect our cultural and historical sites.  Loss of these sites prevents further interpretation of the interaction of cultural practices and the environment that helped our ancestors survive 4000 years. Those future generations are relying on what our community does in the next few months as these projects continue to wipe out our cultural landscapes.”

“The clearing and degradation of Mågua is not just a cultural issue or a human rights issue. It’s also an environmental issue, as much as it is a public health issue,” Senator Perez said. “As the military is digging up these artifacts and burials of our ancestors, they’re also clearing large swaths of limestone forest which protect the integrity of our island’s main source of water, the Northern Guam Lens Aquifer. Protecting these resources in place is vital to both our heritage, and to our island community living today, and for future generations.”

Senator Therese Terlaje: Statement of Support for Bill 375-35

FOR IMMEDIATE RELEASE (July 6, 2020 – Hagåtña, Guam) – As we observe an uptick in cases of COVID-19 in our community with uncertainty, the one thing we should all count on is the Guam Legislature to make prudent choices for our island that take into account the health and safety of our residents as we ask approximately 53,000 registered voters to come to the polls and express their right to vote this election year.

This is the primary reason I have decided to co-sponsor bi-partisan Bill 375-35, relative to canceling the 2020 primary election, and allowing all candidates to advance to the general election. This bill addresses the significant risk that the global pandemic has on our community and the concerns brought forward by the Guam Election Commission.  This bill will allow GEC more time to prepare for a safe and efficient general election in November.

Making tough fiscally responsible decisions is critical as we face record numbers of joblessness and homelessness while trying to provide critical services for the people of Guam.  The only intent of this legislation is to address the significant threats that we are facing today under these unique circumstances.

I encourage affected candidates and the people of Guam to email my office at: senatorterlajeguam@gmail.com to weigh in on this very urgent bill.

Senator Therese Terlaje: October 2019 Off-Base Testing Report Supports Probable Agent Orange Exposure on Guam

FOR IMMEDIATE RELEASE (July 6, 2020 – Hagåtña, Guam) – The Guam EPA has publicly released the results of the anticipated Guam Chlorinated Herbicides Investigation report eight months after soil sampling efforts took place in October 2019.

Initial tests were conducted by the Superfund team in November 2018. Preliminary soil sampling results of that effort were released in January 2019, indicating the presence of 2,4-D and 2,4,5-T, the primary constituents of Agent Orange, at non-toxic levels in one sample location.

The October 2019 testing effort was a follow-up to the 2018 testing and the result of the continued advocacy of Guam Veteran Brian Moyer, who assisted the Guam EPA and the US EPA Superfund Technical Assessment and Response Team (START) with planning and soil sampling at various locations along the old fuel pipeline.

According to START Project Scientist Amanda Wagner, in the report summary, on samples collected at the Tiyan Junction location, which yielded higher concentrations of  2,4,5-T and 2,4,5-TP than other areas sampled, “It is probable that TCDD dioxin congener concentrations detected in soils are associated with chlorinated herbicides. Records of chlorinated herbicide use by the military on Guam (Navy, 1958) and veteran affidavits documenting the use of 2,4,5-T and 2,4,5-TP along with data collected from previous soil sampling events suggest the presence and use of chlorinated herbicides was likely. Finally, the herbicides in question were known to contain TCDD.”

TCDD (2,3,7,8-TCDD) is a carcinogen that when combined with chlorinated herbicides, such as 2,4,5-T, was known to have varying levels of contamination. Both are active components of Agent Orange and other Rainbow Herbicides.

Wagner further stated, “To clarify any remaining uncertainty about herbicide types, amounts and locations sprayed, continued investigation of suspect areas is recommended. Additional sampling at depths up to 12 inches is suggested to account for possible degradation and migration of residual herbicides and dioxin congeners. Similarities and differences between sample location characteristics (environmental conditions, vegetation cover, historical land use, previous excavations, use of imported fill, etc.) and the congener profiles should be further investigated as possible markers to aid in identifying historical herbicide use.”

In a letter to Senator Terlaje, the Guam EPA noted that the investigation is still ongoing and expressed the agency’s intent to correspond with the Department of Defense to express their concerns with the findings in this report and advocate for continued partnership and more cooperation with investigative efforts. The START team had been denied access to on-base sites to conduct testing in recommended areas during the October 2019 soil sampling investigation.

“This long-anticipated report brings us ten steps closer to validating that Guam Veterans and our island community were in fact exposed to Agent Orange. I once again commend the Guam EPA and the U.S. EPA START Team, for their continued service to our people in seeking the truth of this matter and wholeheartedly support the Guam EPA’s intent to advocate for cooperation and partnership with the Department of Defense for further investigations.

 I continue to call upon the Department of Defense to initiate cleanup efforts and support presumptive eligibility and compensation for exposed Veterans and our Guam community.

I remain eternally grateful for the advocacy of our people, local Veterans and Vietnam era Veterans like the late Master Sgt. Leroy Foster and the late Lonnie Kilpatrick, exposed to Agent Orange while stationed on Guam and for the groundwork of great island leaders like Angel Santos, who for over twenty years, called for truth in the face of adamant denial by the Department of Defense. They fought for truth and justice until their deaths. Their unyielding spirit of determination has been key to the progress we have made so far and will continue to be, with any justice we will achieve in the future,” stated Senator Terlaje

You can view the full report at the Guam EPA’s website: http://epa.guam.gov/herbicides-investigation.

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Senator Therese Terlaje requests an updated reminder to all candidates and government employees regarding compliance with the applicable laws regarding political activity on government property and by government employees

“Kudos to Civil Service Commission and Director for promptly responding to my request to send notice to all Gov Guam employees and candidates as to the do’s and don’ts. Posting PowerPoint here for all to read,” stated Senator Therese Terlaje.

Download to see Memo-to-All-Agency-Department-Heads_-Political-Activity-Law-June-26-2020-1Download

The power point presentation below is from the Civil Service Commission regarding the Political Activity Law, 4GCA, Chapter 5.

Download a copy of Political-Activity-Power-Point-Presentation-June-26-2020 shown above.Download

COMMITTEE ON JUSTICE FORUM PROVIDES CLARITY ON INDIVIDUAL RIGHT TO SELF-DEFENSE

FOR IMMEDIATE RELEASE (June 15, 2020 – Hagåtña, Guam) – Senator Therese Terlaje and the Committee on Justice welcomed officials from the Office of the Attorney General (OAG) as well as the Public Defender Service Corporation (PDSC) to present information on the current legal landscape of self-defense law.  The forum was held to provide better insight into the current state of Guam’s laws, its effectiveness in protecting individuals at home and in public spaces, the existing limits on the use of force for the purpose of defending one’s own life, the lives of others, or in defense of property, the rates of successful claims of self-defense, along with challenges encountered in self-defense cases, and other relevant information on self-defense.

During the informational forum, Assistant Attorney General Sean Brown clarified that the use of deadly force self-defense is any force used to protect oneself, if that force can cause death or serious bodily injury, such as a firearm or knife, bat or motor vehicle. There are three limitations which include the following:

·       Must be a response to someone who might be experiencing death, serious bodily harm, kidnapping or criminal sexual conduct

·       Could not have provoked the need for deadly force

·       A duty to retreat

Deputy Director of PDSC, John Morrison, cited a report issued by the United States Commission on Civil Rights which concluded more times than not, the person that used deadly force had a criminal background and these laws are more likely to be invoked in situations where there is a fight that is escalating rather than during home invasions. The Deputy Director also stated he has not seen a case where deadly force has been used during a home invasion since the Castle Doctrine was enacted in 2014.

Both Attorneys Brown and Morrison reiterated that Guam’s law provides for the prosecution to prove beyond a reasonable doubt that self-defense did not occur, if it should be invoked, with Attorney Morrison stating that this provision makes Guam’s self-defense law more robust than most other states in the nation.

Following the informational forum, a public hearing was held for Bill 47-35, authored by Senator Joe San Agustin, which would expand the “Castle Doctrine”, removing the duty to retreat in the use of deadly force self-defense in any location a person has the right to be, commonly known as “Stand Your Ground.”

Senator Terlaje referenced a report from the American Bar Association’s National Task Force on Stand Your Ground (SYG) Laws which does not recommend the enactment of such legislation, based on broad studies that have found the following:

·       An individual’s right to self-defense was sufficiently protected prior to the enactment of SYG laws.

·       SYG States have experienced an increase in homicides.

·       The application of SYG law is unpredictable, uneven, and results in racial disparities.

·       Victim’s rights are undermined in States with statutory immunity for criminal prosecution and civil suits related to SYG cases.

The Oversight Chair also remarked during the hearing that the NAACP and the ACLU recommended against SYG measures.

Senator Terlaje noted that the Castle Doctrine allows the use of deadly force without the duty to retreat in one’s home, place of business and vehicle and notes that right to self-defense does not cease to exist outside of those places stating, “If self-defense is invoked, under Guam law, the prosecution must prove beyond a reasonable doubt that self-defense did not occur. We were assured that this provision is strong and continues to preserve the individual right to self-defense, ensuring reasonableness and fairness in the application of justice.”

Testimony in support of and in opposition to Bill 47-35 were received by the committee.  Written testimony can be submitted via email to senatorterlajeguam@gmail.com through Jun 29, 2020.

COMMITTEE ON JUSTICE TO HOLD INFORMATIONAL BRIEFING ON THE RIGHT TO SELF-DEFENSE

FOR IMMEDIATE NEWS RELEASE (June 9, 2020- Hagåtña, Guam)

Senator Therese M. Terlaje and the Committee on Justice will be holding a virtual informational briefing on the Right to Self-Defense on Guam on Monday, January 15, 2020 at 9 am.  Primary stakeholders have been invited to present on the topic which include the Attorney General, Chief Prosecutor, Guam Police Department, Public Defender and the Guam Bar Association.

This hearing will serve to further build our foundational understanding of the basic right to self-defense, and the allowed use of deadly force, which follows a previous hearing held in April of 2018.

During the 2018 hearing, the Attorney General, Chief of Police, and Executive Director of the Public Defender Service Corporation were united in opposition to a Stand Your Ground, also known as “Shoot First”, bill which would have expanded the allowable use of deadly force in self-defense beyond homes, cars, and places of work to public spaces and private establishments such as streets, restaurants, bars, grocery stores or any place a person had a right to be present.

Attorney Stephen Hattori, the Executive Director of the Public Defender Service Corporation, testified that under current law, “You can use self-defense everywhere, you have a duty to retreat, unless the incident occurs in your home, vehicles, or place of work.  This bill would expand the zone of protection.  A Stand Your Ground law makes everywhere you step your castle.”

Both Hattori and former Chief Prosecutor Joseph B. McDonald provided research to committee members, which included a study by the American Bar Association’s National Task Force on Stand Your Ground, published in 2015.  The Task Force conducted a broad investigation of Stand Your Ground laws across the United States that revealed several important findings, which include:

1.     Based on recent empirical studies, Stand Your Ground states experienced an increase in homicides.

2.     Multiple states have attempted to repeal or amend Stand Your Ground laws.

3.     The application of Stand Your Ground laws is unpredictable, uneven, and results in racial disparities.

4.     An individual’s right to self-defense was sufficiently protected prior to Stand Your Ground laws.

5.     Victims’ rights are undermined in states with statutory immunity from criminal prosecution and civil suits related to Stand Your Ground cases.

Senator Terlaje hopes that the Legislative Committee on Justice will be fully informed of the current state of the law and the effects of self-defense law on the prosecution and rates of homicide, as the 35th Guam Legislature considers several criminal penalties bills and a Stand Your Ground bill introduced this term. 

“In other jurisdictions, Shoot First laws have increased homicides in the community. This bill may affect our criminal justice system’s ability to ensure justice. Every senator and our entire community must fully understand our existing right to self-defense, and must carefully consider the intended and unintended potential consequences to our way of life by expanding the allowed use of deadly force on our island,” stated the Senator.

This informational briefing will immediately proceed to a public hearing for Bill No. 47-35 (COR) authored by Senator Joe S. San Agustin which would expand the “Castle Doctrine” justification for acts of self- defense and eliminate the requirement of retreating before the use of force in the face of imminent danger.

The virtual informational briefing and public hearing will broadcast on local television, GTA Channel 21, Docomo Channel 117/60.4 and stream online via www.guamlegislature.com.  A recording of the hearing will be available online via Guam Legislature Media on YouTube after the hearing.

For more information, please call the Office of Senator Therese M. Terlaje at (671) 472-3586 or email at senatorterlajeguam@gmail.com.