People of the Territory of Guam v. Jerry Ojeda, 758 F.2d 403 (9th Cir. 1985). · Go Syfert
People of the Territory of Guam v. Jerry Ojeda, 758 F.2d 403 (9th Cir. 1985). Cases Citing This Book View Copy Cite
61 citation events (8 in the last 25 years) across 13 distinct courts.
Strongest positive: Personal Restraint Petition Of Alfredo Martinez Barragan (washctapp, 2023-09-25)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 44 distinct citers. How cited ↗
discussed Cited as authority (rule) Personal Restraint Petition Of Alfredo Martinez Barragan
Wash. Ct. App. · 2023 · confidence medium
App. 424, 436 , 59 P.3d 682 (2002) (“Evidence that is unique and readily identifiable may be identified by a witness who can state that the item is what it purports to be.”); Territory of Guam v. Ojeda, 758 F.2d 403, 408 (9th Cir. 1985) (A “witness identifying the item in a photograph need only establish that the photograph is an accurate portrayal of the item in question.”).
discussed Cited as authority (rule) Puget Soundkeeper Alliance v. Louis Dreyfus Commodities LLC
W.D. Wash. · 2016 · confidence medium
Evid. 901; People of Territory of Guam v. Ojeda, 758 F.2d 403, 408 (9th Cir.1985) ("Under the Federal Rules, the witness identifying the item in a photograph need only establish that the photograph is an accurate portrayal of the item in question”). .
discussed Cited as authority (rule) Arizona, Department of Law, Civil Rights Division v. ASARCO, L.L.C.
D. Ariz. · 2011 · confidence medium
See Lucero v. Stewart, 892 F.2d 52, 55 (9th Cir.1989) (holding that, to authenticate a photograph, the proponent must only identify the scene itself and its coordinates in time and place); People of the Territory of Guam v. Ojeda, 758 F.2d 403, 408 (9th Cir.1985) (“Under the Federal Rules [of Evidence 901(b) ], the witness identifying the item in a photograph need only establish that the photograph is an accurate portrayal of the item in question.”); United States v. Brannon, 616 F.2d 413, 416 (9th Cir.1980) (holding that evidence that photographs accurately depicted events in a bank durin…
discussed Cited as authority (rule) State v. Haight-Gyuro
Ariz. Ct. App. · 2008 · confidence medium
See, e.g., United States v. Rembert, 863 F.2d 1023, 1026 (D.C.Cir.1988) (authentication under Rule 901(b)(1), Fed.R.Evid., requires testimony by person “who has personal knowledge of the scene depicted” that “photograph fairly and accurately portrays that scene”); Guam v. Ojeda, 758 F.2d 403, 408 (9th Cir.1985) (citing Rule 901(b)(1), Fed.R.Evid., for proposition that “witness identifying the item in a photograph need only establish that the photograph is an accurate portrayal of the item *359 in question”). 3 As we will explain, if a party seeks to admit into evidence a video reco…
discussed Cited as authority (rule) State of Arizona v. Timothy Christopher Haight-Gyuro
Ariz. Ct. App. · 2008 · confidence medium
Evid., requires testimony by person “who has personal knowledge of the scene depicted” that “photograph fairly and accurately portrays that scene”); Guam v. Ojeda, 758 F.2d 403, 408 (9th Cir. 1985) (citing Rule 901(b)(1), Fed.
discussed Cited as authority (rule) United States v. Taylor
9th Cir. · 2003 · confidence medium
Under the Federal Rules of Evidence, Rule 801(D)(2)(A), “[a] statement is not hearsay if ... [t]he statement is offered against a party and is ... the party’s own statement.” In order for the statement to be admissible, it need not be incriminating but it must be “relate[d] to the offense.” People of Territory of Guam v. Ojeda, 758 F.2d 403, 408 (9th Cir.1985).
discussed Cited as authority (rule) United States v. John E. McGee
7th Cir. · 1999 · confidence medium
Furthermore, this court has refused to place such a limited construction on the scope of an admission.”), cert. denied, 510 U.S. 904 , 114 S.Ct. 282 , 126 L.Ed.2d 232 (1993); Marquis Theatre Corp. v. Condado Mini Cinema, 846 F.2d 86 , 90 n. 3 (1st Cir.1988) (interpreting Rule 801(d)(2) on its face and rejecting the contention that admissions under Rule 801(d)(2) must be against interest either at the time the statement is made or at the time of trial); Guam v. Ojeda, 758 F.2d 403, 408 (9th Cir.1985) (“Cases interpreting section 801(d)(2)(A) are in agreement that statements need not be incr…
discussed Cited as authority (rule) Bureerong v. Uvawas
C.D. Cal. · 1996 · confidence medium
“Absent such a showing, liquidated damages are mandatory.” First Citizens, 758 F.2d at 403. 36 Therefore, Plaintiffs are clearly enti- *1480 tied to liquidated damages under the FLSA. 37 Accordingly, Defendants’ motion to strike Plaintiffs’ demand for liquidated damages is denied. b.
discussed Cited as authority (rule) United States v. Gregory McFarland
9th Cir. · 1994 · confidence medium
Whether a prosecutor's comment violates the Fifth Amendment depends upon whether the language was "manifestly intended or was of such character that the jury would naturally and necessarily take it to be a comment on the failure to testify." U.S. v. Davis, 960 F.2d 820 , 829 (9th Cir.1992) ( citing U.S. v. Bagley, 772 F.2d 482, 494 (9th Cir.1985), cert. denied, 475 U.S. 1023 (1986)); People of the Territory of Guam v. Ojeda, 758 F.2d 403, 406 (9th Cir.1985).
discussed Cited as authority (rule) People of the Territory of Guam v. Juan Mafnas Atoigue (2×) also: Cited "see"
9th Cir. · 1994 · confidence medium
Guam v. Ojeda, 758 F.2d 403, 406 (9th Cir.1985).
cited Cited as authority (rule) The People of the Territory of Guam v. Daniel Turner
9th Cir. · 1994 · confidence medium
Guam v. Ojeda, 758 F.2d 403, 406 (9th Cir.1985).
discussed Cited as authority (rule) The People of the Territory of Guam v. Thomas v. McGravey (2×)
9th Cir. · 1994 · confidence medium
See Hemlani v. Guerrero, 902 F.2d 1412 , 1414 n. 3 (9th Cir.1990); Lucero v. Stewart, 892 F.2d 52, 54 (9th Cir.1989); Guam v. Ojeda, 758 F.2d 403, 406 (9th Cir. 1985).
cited Cited as authority (rule) People of the Territory of Guam v. Anthony Camacho Ignacio
9th Cir. · 1993 · confidence medium
Guam v. Agualo, 948 F.2d 1116, 1118 (9th Cir.1991) (citing Guam v. Ojeda, 758 F.2d 403, 406 (9th Cir.1985)).
discussed Cited as authority (rule) United States v. Esterbel Gonzales-Nunez
9th Cir. · 1993 · confidence medium
Even assuming that Arestegui's response is to be judged as though it came from a prosecutor, the remark did not violate Appellant's rights. 17 The test for judging the propriety of such a comment "is whether the language used was of such a character that the jury would naturally and necessarily take it to be a comment on the failure to testify." People of the Territory of Guam v. Ojeda, 758 F.2d 403, 406 (9th Cir.1985).
cited Cited as authority (rule) The People of the Territory of Guam v. Irvin Ibanez
9th Cir. · 1993 · confidence medium
Territory of Guam v. Ojeda, 758 F.2d 403, 406 (9th Cir.1985).
discussed Cited as authority (rule) United States v. Leonard Lee Williams
9th Cir. · 1993 · confidence medium
See, e.g., United States v. Castillo, 866 F.2d 1071, 1083 (9th Cir.1989); People of the Territory of Guam v. Ojeda, 758 F.2d 403, 406-07 (9th Cir.1985); United States v. Hill, 953 F.2d 452, 460 (9th Cir.1991).
cited Cited as authority (rule) United States of Americia v. Jerry William Menefee
9th Cir. · 1992 · confidence medium
Guam v. Ojeda, 758 F.2d 403, 408 (9th Cir.1985).
cited Cited as authority (rule) United States v. Kathryn Louise Barber
9th Cir. · 1992 · confidence medium
People v. Ojeda, 758 F.2d 403, 408 (9th Cir.1985) (evidence that defendant offered to compensate witness is relevant "as indicative of a consciousness of guilt").
discussed Cited as authority (rule) The People of the Territory of Guam v. Pito Quinata Cruz
9th Cir. · 1990 · confidence medium
Guam v. Ignacio, 852 F.2d 459 , 462 (9th Cir.1988); Guam v. Ojeda, 758 F.2d 403, 406 (9th Cir.1985) (“Where there is a question concerning the criminal or civil code provisions of Guam law, this court will rely on California law.”).
discussed Cited as authority (rule) The People of the Territory of Guam v. Jimmy J. Quezada, the People of the Territory of Guam v. Jimmy J. Quezada, and Howard Trapp
9th Cir. · 1990 · confidence medium
Guam v. Ignacio, 852 F.2d 459 , 462 (9th Cir.1988); Guam v. Ojeda, 758 F.2d 403, 406 (9th Cir.1985) (“Where there is a question concerning the criminal or civil code provisions of Guam law, this court will rely on California law.”).
discussed Cited as authority (rule) Noah H. Lundy v. Donal Campbell and Charles W. Burson
6th Cir. · 1989 · confidence medium
In People of the Territory of Guam v. Ojeda, 758 F.2d 403, 407 (9th Cir.1985) (citation omitted), the court stated that the prosecutor’s comment on the “general lack of testimony supporting defendant’s side of the story” is permissible “ ‘so long as ... not phrased to call attention to defendant’s own failure to testify.’ ” Further, the remark was isolated, the evidence against petitioner was strong, and the court properly instructed the jury that it could not hold Lundy’s failure to testify against him.
cited Cited as authority (rule) Commonwealth v. Delos Santos
N. Mar. I. · 1989 · confidence medium
STANDARD OF REVIEW Evidentiary rulings of the trial court are reviewed for an abuse of discretion, people of Territory of Guam v. Ojeda, 758 F.2d 403, 407 (9th Cir. 1985).
cited Cited as authority (rule) Territory of Guam v. Ignacio
9th Cir. · 1988 · confidence medium
Guam v. Ojeda, 758 F.2d 403, 406 (9th Cir.1985).
cited Cited as authority (rule) The People of the Territory of Guam v. Juan P. Ignacio, the People of the Territory of Guam v. Pedro A.E. Manibusan, the People of the Territory of Guam v. Francisco B. Bamba
9th Cir. · 1988 · confidence medium
Guam v. Ojeda, 758 F.2d 403, 406 (9th Cir.1985).
examined Cited as authority (rule) The People of the Territory of Guam v. Jae Hung Yang (3×) also: Cited "see"
9th Cir. · 1988 · confidence medium
Auth. v. Ulloa, 841 F.2d 990, 992 (9th Cir.1988); Guam v. Ojeda, 758 F.2d 403, 406 (9th Cir.1985); Roberto v. Aguon, 519 F.2d 754, 755 (9th Cir.1975). 12 Thus, faced with the identical statute in Guam, we take our cue from the California courts.
cited Cited as authority (rule) United States v. Robert Emmett Walsh
6th Cir. · 1986 · confidence medium
For statements to constitute admissions they need only relate to the offense." Guam v. Ojeda, 758 F.2d 403, 408 (9th Cir.1985).
discussed Cited as authority (rule) The People of the Territory of Guam v. Jae Hung Yang (2×)
9th Cir. · 1986 · confidence medium
When “there is a question concerning the criminal or civil provisions of Guam law, this court will rely on California law.” Guam v. Ojeda, 758 F.2d 403, 406 (9th Cir.1985).
discussed Cited as authority (rule) United States v. Gregory Lewis
9th Cir. · 1986 · confidence medium
Furthermore, the test to judge impermissible comment upon a defendant’s assertion of his Fifth Amendment right not to testify “is whether the language used was manifestly intended or was of such a character that the jury would naturally and necessarily take it to be a comment on the failure to testify.” People of the Territory of Guam v. Ojeda, 758 F.2d 403, 406 (9th Cir.1985); United States v. Fleishman, 684 F.2d 1329, 1343 (9th Cir.), cert. denied, 459 U.S. 1044 , 103 S.Ct. 464 , 74 L.Ed.2d 614 (1982).
cited Cited as authority (rule) United States v. Joseph C. Ortiz
9th Cir. · 1985 · confidence medium
Guam v. Ojeda, 758 F.2d 403, 407 (9th Cir.1985); see also United States v. Mehrmanesh, 689 F.2d 822, 835 (9th Cir.1982).
cited Cited "see" United States v. Gotti
S.D.N.Y. · 2006 · signal: see · confidence high
See People of Territory of Guam v. Ojeda, 758 F.2d 403, 408 (9th Cir.1985) ("Cases interpreting section 801(d)(2)(A) are in agreement that statements need not be incriminating to be admissions.
cited Cited "see" United States v. Leung
9th Cir. · 2004 · signal: see · confidence high
See Guam v. Ojeda, 758 F.2d 403, 408 (9th Cir.1985).
cited Cited "see" United States v. Jose Roman Ortega, AKA Romualdo Roman Ortega, Opinion
9th Cir. · 2000 · signal: see · confidence high
See People of Territory of Guam v. Ojeda, 758 F.2d 403, 408 (9th Cir.1985).
cited Cited "see" United States v. Jose Rodriguez-Salcedo, United States of America v. Reynaldo Ramos-Armenta
9th Cir. · 1994 · signal: see · confidence high
See People of Territory of Guam v. Ojeda, 758 F.2d 403, 408 (9th Cir.1985). 2.
discussed Cited "see" Puranchand D. Hemlani Radhi P. Hemlani v. Jesus S. Leon Guerrero Concepcion C. Leon Guerrero (2×)
9th Cir. · 1990 · signal: see · confidence high
See People of Territory of Guam v. Ojeda, 758 F.2d 403, 406 (9th Cir.1985). .
cited Cited "see" E.R. Lucero, Also Known as Eleanor R. Samonte, Also Known as Eleanor R. Lucero v. Timothy A. Stewart
9th Cir. · 1989 · signal: see · confidence high
See Guam v. Ojeda, 758 F.2d 403, 406 (9th Cir.1985). 2 .
discussed Cited "see" United States v. Juan Castillo, Aka: Luis Hong Rojas, United States of America v. Antonio De La Renta (2×)
9th Cir. · 1989 · signal: accord · confidence high
However, a “prosecutor may properly comment upon a defendant’s failure to present witnesses so long as it is not phrased to call attention to defendant’s own failure to testify.” United States v. Fleishman, 684 F.2d 1329, 1343 (9th Cir.), cert. denied, 459 U.S. 1044 , 103 S.Ct. 464 , 74 L.Ed.2d 614 (1982); accord Territory of Guam v. Ojeda, 758 F.2d 403, 406 (9th Cir.1985); United States v. Passaro, 624 F.2d 938, 944 (9th Cir.1980), cert. denied, 449 U.S. 1113 , 101 S.Ct. 925 , 66 L.Ed.2d 842 (1981).
discussed Cited "see" United States v. Juan Castillo, Aka: Luis Hong Rojas, United States of America v. Antonio De La Renta (2×)
9th Cir. · 1988 · signal: accord · confidence high
However, a "prosecutor may properly comment upon a defendant's failure to present witnesses so long as it is not phrased to call attention to defendant's own failure to testify." United States v. Fleishman, 684 F.2d 1329, 1343 (9th Cir.), cert. denied, 459 U.S. 1044 , 103 S.Ct. 464 , 74 L.Ed.2d 614 (1982); accord Territory of Guam v. Ojeda, 758 F.2d 403, 406 (9th Cir.1985); United States v. Passaro, 624 F.2d 938, 944 (9th Cir.1980), cert. denied, 449 U.S. 1113 , 101 S.Ct. 925 , 66 L.Ed.2d 842 (1981).
cited Cited "see" Florence Palting Hair Priscilla Palting Ragland Portia Palting Seely Jeannie Palting Wimett Estate of Mildred Palting v. Marciano v. Pangilinan
9th Cir. · 1987 · signal: see · confidence high
See Guam v. Ojeda, 758 F.2d 403, 406 (9th Cir.1985); Roberto v. Aguon, 519 F.2d 754, 755 (9th Cir.1975).
discussed Cited "see" United States v. Benton D. Burt (2×)
9th Cir. · 1986 · signal: see · confidence high
See People of the Territory of Guam v. Ojeda, 758 F.2d 403, 406 (9th Cir.1985) (“The proper test to judge impermissible comment upon a defendant’s right not to testify is whether the language used was manifestly intended or was of such a character that the jury would naturally and necessarily take it to be a comment on the failure to testify.”); United States v. Hendershot, 614 F.2d 648, 654 (9th Cir.1980) (harmless error doctrine applies to prosecutor comment cases).
discussed Cited "see, e.g." Wareing Through Wareing v. United States
S.D. Fla. · 1996 · signal: see also · confidence medium
Guam v. Yang, 800 F.2d 945, 947 (9th Cir.1986) (stating that “[ajbsent controlling Guam authority ... it [is] appropriate to look to California law for guidance”) (quoting Smith v. Lujan, 588 F.2d 1304, 1306 (9th Cir.1979)), on reh’g, 850 F.2d 507 (9th Cir.1988); see also Guam v. Ojeda, 758 F.2d 403, 406 (9th Cir.1985) (stating that when Guam law is unclear, California cases are persuasive).
discussed Cited "see, e.g." The People of the Territory of Guam v. Jose Vicente Agualo
9th Cir. · 1991 · signal: see also · confidence medium
See Roberto v. Aguon, 519 F.2d 754, 755 (9th Cir.1975); see also People of Territory of Guam v. Ojeda, 758 F.2d 403, 406 (9th Cir.1985) (where Guam law is unclear, California cases are especially persuasive).
cited Cited "see, e.g." State v. Bernier
Vt. · 1991 · signal: see, e.g. · confidence medium
Cleary, McCormick on Evidence § 262, at 776-77 (3d ed. 1984); see, e.g., People of Territory of Guam v. Ojeda, 758 F.2d 403, 408 (9th Cir. 1985).
cited Cited "see, e.g." Thomas v. State
Fla. Dist. Ct. App. · 1990 · signal: see also · confidence low
See also People of the Territory of Guam v. Ojeda, 758 F.2d 403 (9th Cir.1985) (photo of stolen jewelry an acceptable substitute).
discussed Cited "see, e.g." Luis De Vera v. Vicente G. Blaz Phil Flores
9th Cir. · 1988 · signal: see, e.g. · confidence medium
See, e.g., Guam v. Ojeda, 758 F.2d 403, 406 (9th Cir.1985) (federal rules of evidence); see also Electrical Construction & Maintenance Co. v. Maeda Pacific Corp., 764 F.2d 619, 620-21 (9th Cir.1985) (Maeda) (federal rules of civil procedure).
Retrieving the full opinion text from the archive…
PEOPLE OF the TERRITORY OF GUAM, Plaintiff-Appellee,
v.
Jerry OJEDA, Defendant-Appellant
84-1140.
Court of Appeals for the Ninth Circuit.
Apr 16, 1985.
758 F.2d 403
1985 U.S. App. LEXIS 29932
Frances Tydingco-Gatewood, Asst. Atty. Gen., Agana, Guam, for plaintiff-appellee., J.C. Dierking, Agana, Guam, for defendant-appellant.
Wallace, Hug, Skopil.
Cited by 50 opinions  |  Published
SKOPIL, Circuit Judge:

Defendant Ojeda was convicted for burglary in the Superior Court of Guam. Ojeda appealed his conviction to the appellate division of the district court of Guam, pursuant to 48 U.S.C. § 1424(a). The district court affirmed the conviction. Ojeda now appeals to this court, arguing that his conviction should be reversed due to (1) prosecutorial misconduct;. (2) prejudice resulting from the admission of photographs of the stolen jewelry; (3) prejudice resulting from the jury instructions concerning Ojeda’s admissions to Christopher; and (4) insufficiency of evidence. We affirm.

FACTS AND PROCEEDINGS BELOW

On December 22,1981 Mr. Charles Christopher, owner of a house at 15 Paseo de Oro in Turnon, Guam, learned that his home had been burglarized. Christopher promptly drove home from work. As Christopher arrived at the entrance of his street, a maroon convertible carrying three men passed his car. When Christopher reached his house, he discovered that a back window had been broken and jewelry taken.

Later that same afternoon, Guamanian police spotted a maroon convertible parked near a beach hut in East Agana. The[*406] police stopped and frisked three men in the hut: Jerry Ojeda, petitioner; Randy Torres, a juvenile; and David Desoto. Jewelry, including a diamond ring belonging to Christopher's son-in-law, was found on the person of Jerry Ojeda. An orange bag of jewelry was also found in the hut. Ojeda was charged with aiding and abetting a burglary, a violation of section 37.20 of the Guam Criminal Code.

Randy Torres, who pleaded guilty, testified at Ojeda’s trial. Torres stated that on December 22, 1981 at Desoto’s suggestion, the three friends had decided to drive to Agana. En route, Ojeda turned into Paseo de Oro, the street where Christopher’s home was located. At this point Ojeda began pointing out houses saying, “that house, this house”. Since it was raining, Ojeda decided to stop the car on the side of the road. Desoto then said that he was going to “check out a friend” and asked Torres to go along with him. The two proceeded to the third house on the road, Christopher’s. This was one of the houses that Ojeda had originally pointed out.

Desoto then went to the back of the house, broke in, and called Torres for help. After ten minutes of collecting jewelry, the two men left the house. Desoto then got into the front seat of the car with Ojeda, while Torres got in the back seat. Torres claimed at trial that Ojeda and Desoto were laughing in the front seat as they sped away.

The three men eventually pulled over at a shelter in East Agana. Torres, who had collected jewelry in an orange bag, took the bag with him into the hut. Torres reported that when Ojeda saw the bag in the hut he said, “Lanya, you guys”. It was at this point that the officers entered the shelter and promptly frisked and arrested the three men.

Ojeda’s primary defense was that he did not have the requisite intent to aid and abet in the burglary and, although he drove the car to Christopher's residence, he did not take part in the burglary nor did he know that it was going on.

AUTHORITY

There is a paucity of Guam law upon which to rely for authority in this case. Where Guam law is unclear, this circuit has ruled that California cases “are persuasive.” People of the Territory of Guam v. Borja, 732 F.2d 733, 735 (9th Cir.1984) (quoting Roberto v. Aguon, 519 F.2d 754, 755 (9th Cir.1975)), cert. denied, — U.S.-, 105 S.Ct. 300, 83 L.Ed.2d 235 (1984). It is appropriate to look at California law not only where questions involve Guam’s criminal code provisions, but also Guam’s civil code provisions. Roberto v. Aguon, 519 F.2d 754, 755 (9th Cir.1975); Smith v. Lujan, 588 F.2d 1304, 1306 (9th Cir.1979). Where there is a question concerning the criminal or civil code provisions of Guam law, this court will rely on California law. It should also be noted that the Guam Code of Evidence is identical to the Federal Rules of Evidence. Where evidentiary questions arise reliance will accordingly be placed on interpretations of the Federal Rules or their applicable counterparts under the California Rules of Evidence.

1. Prosecutorial Misconduct.

The proper test to judge impermissible comment upon a defendant’s right not to testify is whether the language used was manifestly intended or was of such a character that the jury would naturally and necessarily take it to be a comment on the failure to testify. United States v. Soulard, 730 F.2d 1292, 1306 (9th Cir.1984); United States v. Fleishman, 684 F.2d 1329, 1343 (9th Cir.), cert. denied, 459 U.S. 1044, 103 S.Ct. 464, 74 L.Ed.2d 614 (1982); United States v. Passaro, 624 F.2d 938, 944 (9th Cir.1980), cert. denied, 449 U.S. 1113, 101 S.Ct. 925, 66 L.Ed.2d 842 (1981).

The record is devoid of any facts supporting petitioner’s allegation of impermissible comment on his failure to testify. During closing argument, the prosecutor called attention to Ojeda’s admission to Christopher that he had the jewelry and was willing to pay for damages if the[*407] charges were dropped. Referring to this episode, the prosecutor stated, “[i]n light of that it is very difficult to believe that he didn’t know what was going on that day. There has been no testimony that he found out that the jewelry in that bag, the jewelry from those boys — he did anything other than go along with it.” No objection was made to the statement at the time it was made.

Petitioner claims that this statement was purposely phrased to call attention to his failure to testify. The statement, taken in context, does not evidence an intent to violate petitioner’s fifth amendment privilege. The prosecutor merely commented on the general lack of testimony supporting defendant’s side of the story. A prosecutor is entitled to comment upon a defendant’s failure to present witnesses “so long as ... not phrased as to call attention to defendant’s own failure to testify.” Passaro, 624 F.2d at 944.

In addition,' where alleged prosecutorial misconduct is limited to a single isolated statement, did not stress an inference of guilt from silence as a basis of conviction, and was followed by curative instructions, it is harmless beyond a reasonable doubt. Soulard, 730 F.2d at 1307; United States v. Armstrong, 654 F.2d 1328, 1336 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982).

Taken in the light most generous to defendant, the prosecutor’s reference to lack of testimony was at best an indirect reference to defendant’s failure to testify. This was an isolated statement to which no objection was made. The presiding judge twice advised the jury that the law never imposes upon the defendant the duty of calling any witnesses or producing any evidence on his own behalf. These cautionary instructions were sufficient to cure any arguable prejudice to the defendant. See Soulard, 730 F.2d at 1307.

2. Admission of Photographs.

Evidentiary rulings of a trial court are reviewed for an abuse of discretion. United States v. Ordonez, 737 F.2d 793 (9th Cir.1984) (citing United States v. Kahan & Lessin Co., 695 F.2d 1122, 1124 (9th Cir.1982)); People of Territory of Guam v. Dela Rosa, 644 F.2d 1257, 1261 (9th Cir. 1980) (admissibility of photographs is discretionary).

In an attempt to prove that the very ring found on Ojeda belonged to Christopher’s son-in-law, and was stolen from the house on December 22, the prosecutor sought to admit photographs of the jewelry so that Christopher could identify the ring in question. Petitioner claims it was error to admit the three photographs of all the stolen jewelry rather than require production of the diamond ring. Petitioner cites section 1004 of the Guam Code of Evidence as authority for this proposition. Section 1004, which is identical to section 1004 of the Federal Rules of Evidence, is also known as the best evidence rule. This rule applies only to written documents or recordings. United States v. GonzalesBenitez, 537 F.2d 1051, 1053 (9th Cir.), cert. denied, 429 U.S. 923, 97 S.Ct. 323, 50 L.Ed.2d 291 (1976). The section was never meant to apply in the present situation where photographs of a stolen ring, rather than the ring itself, were displayed to the jury-

Petitioner’s contention that the display of a photo of the stolen ring impaired his ability to cross-examine effectively has little merit. The photos were clearly relevant. They depict the ring with the rest of the stolen jewelry. Furthermore, it was established through the testimony of a police officer that all the jewelry exhibited in the photographs consisted of that found on the defendants. There is nothing in the record of the trial proceedings which indicates that requiring the original ring in question would have aided defendant on cross-examination or that the admission of these photos prejudiced defendant.

Petitioner further contends that it was necessary for the government to establish chain of custody for the jewelry in order to admit the photos. Defendant[*408] lacks authority for his claim. Where photographs are concerned “there is a presumption of regularity in the handling of exhibits by public officials.” United States v. Stearns, 550 F.2d 1167, 1170 (9th Cir.1977) (quoting United States v. Coades, 549 F.2d 1303, 1306 (9th Cir.1977)). Under the Federal Rules, the witness identifying the item in a photograph need only establish that the photograph is an accurate portrayal of the item in question. Rule 901(b)(1). See also United States v. Blackwell, 694 F.2d 1325, 1330-31 (D.C.Cir. 1982). The trial judge did not abuse his discretion in admitting these photographs.

3. Jury Instruction on Ojeda’s Admission.

The adequacy of a judge’s instructions to the jury is measured by reading the instructions as a whole. “The judge’s formulation' of those instructions or his choice of language is entirely in his discretion, so long as the instructions fairly and adequately cover the issues presented.” United States v. Smith, 735 F.2d 1196, 1198 (9th Cir.1984); United States v. Abushi, 682 F.2d 1289, 1299 (9th Cir.1982).

At trial Christopher testified that on January 15, 1982 Ojeda approached him with an offer to pay damages if the charges were dropped. During the same discussion Ojeda also told Christopher that it “was his vehicle, and that he did not enter the house but they gave him some jewelry.” Ojeda argues that these statements did not amount to an admission of guilt. He further maintains that the trial judge erred in instructing the jury that an offer to compensate could be considered as circumstances tending to show consciousness of guilt.

A statement is not hearsay if the statement is offered against a party and is his own statement in either his individual or representative capacity. Rule 801(d)(2)(A). Cases interpreting section 801(d)(2)(A) are in agreement that statements need not be incriminating to be admissions. For statements to constitute admissions they need only relate to the offense. People v. Perkins, 129 Cal.App.3d 15, 23, 180 Cal.Rptr. 763, 768 (1982); People v. Daw, 267 Cal.App.2d 560, 565, 73 Cal.Rptr. 89, 93 (1968). In People v. Maxey, 28 Cal.App.3d 190, 196-98, 104 Cal. Rptr. 466, 469 (1972), the California Supreme Court ruled that an offer of $500 to drop assault charges was relevant to the question of guilt. The court in Maxey stated that “[e]vidence of an attempt by a defendant to suppress testimony against himself indicates a consciousness of guilt and is admissible against him.” Id.

Under Maxey, Ojeda’s offer to compensate is relevant since it may be indicative of a consciousness of guilt. Perkins, 129 Cal.App.3d at 23, 180 Cal.Rptr. at 768. The trial court’s instructions were not erroneous. Sabian v. People of the Territory of Guam, 434 F.2d 837, 839 (9th Cir. 1970).

4. Sufficiency of the Evidence.

In reviewing sufficiency of the evidence, this court must determine whether “viewing the evidence in the light most favorable to the prosecution any rational trier of fact could have found the essential elements of the crime charged beyond a reasonable doubt.” United States v. Clevenger, 733 F.2d 1356, 1358 (9th Cir.1984); Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979).

In order to violate section 37.20 of the Guam Criminal Code one must have entered habitable property with the intent to commit a crime, theft. Section 4.60 states that “a person is guilty of an offense if with the intention of promoting or assisting in the commission of the offense, he induces or aids another person to commit the offense.”

The sole issue in this case is whether Ojeda knew a burglary was taking place and meant to aid Torres and Desoto in commission of the crime. It is well established that one who stays in an automobile and enables those who are robbing to make a successful getaway is as much a principal and aids and abets the crime as completely as though he were present and[*409] assisted in the actual taking. People v. Silva, 143 Cal.App.2d 162, 300 P.2d 25, 30 (1956).

In this case testimony at trial revealed the following: (1) Ojeda parked the car on the street away from the house, as if to avoid suspicion, not in front of the driveway; (2) Torres claimed Ojeda drove away from the scene at a fast speed (although there was testimony from Christopher that he drove away at a moderate speed); (3) Torres testified that Desoto and Ojeda were “just laughing” in the car like two colluding defendants might act after pulling off a heist; (4) jewelry, including a diamond ring belonging to Christopher’s son-in-law, was found on the person of Ojeda at the time of arrest, indicating that Ojeda had been paid his share for his assistance; (5) Ojeda tried to pay off Christopher and admitted that it was his car and that he had the jewelry. There was relatively little evidence on the other hand supporting defendant’s contention that he did not intend to aid Torres and Desoto. A rational jury could have found that defendant intended to commit the burglary.

AFFIRMED.