A Department of Corrections officer was convicted Tuesday of official misconduct following a jury trial in the Superior Court of Guam.
The Office of the Attorney General of Guam announced that a jury found Brian Andrew Whalen guilty in Criminal Case CF0359-25 after roughly four hours of deliberation.
Whalen had faced five charges: first-degree felony possession of a Schedule II controlled substance with intent to deliver; second-degree felony promoting prison contraband; third-degree felony possession of a Schedule II controlled substance; misdemeanor official misconduct; and misdemeanor obstructing governmental functions. Jurors returned a unanimous guilty verdict on the official misconduct count.
The charges stem from a May 27, 2025, incident at the Hagåtña Detention Facility. Court documents state Whalen brought two boxes of candy into the facility for an inmate identified as his brother. Corrections officers inspected the boxes and found two resealable bags containing a crystalline substance that field-tested presumptively positive for methamphetamine.
Attorney General Douglas B. Moylan said in a statement, “We’re the Good Guys in law enforcement. We are here to protect and to serve. When one of our own breaks the law, it undermines the faith & trust that my client places in us. This AG Moylan administration will continue prosecuting law breakers, regardless whether they wear a badge or not.”
The attorney general’s office said it will seek the maximum sentence of one year imprisonment at sentencing before Judge Maria T. Cenzon. A sentencing date has not yet been announced.