Guam - After spending the last five years in jail waiting to go to trial, Carlo Tenorio Borja will move to have his case thrown out this week. He was arrested in April 2006 after allegedly confessing to his involvement in five incidents involving female minors that included an abduction of a 9-year-old girl at knifepoint and an attempted kidnapping at a bus stop. 

Defense Attorney Howard Trapp contends the charges should be thrown out for good, because the prosecution has failed to expedite the proceedings in the criminal case and the court has failed to hear the matter. Borja pleaded not guilty to the criminal charges claiming mental illness, defect, and disease and was scheduled to go to trial back in 2007. 

The court is scheduled to hear a motion to dismiss the case this Thursday.