Katzuta was originally prosecuted by a superseding indictment. RA, tab 36 at 1-3 (Superseding Indictment); see People v. San Nicolas, 2016 Guam 21 ¶ 17 (quoting People v. Flores, 2009 Guam 22 ¶ 18) ("A superseding indictment is an indictment filed before the original or underlying indictment is dismissed."). As such, Katzuta should be entitled to a twelve-person jury if he filed a written request before the start of the first trial or retrial.

Questions regarding the propriety of a rebuttal witness are reviewed for an abuse of discretion. See People v. Flores, 2009 Guam 22 ¶ 117. A prior inconsistent statement may be admitted for impeachment purposes even when they are oral and unsworn.

"[T]he test for harmless error is whether it appears beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained." People v. Roten, 2012 Guam 3 ¶ 41 (quoting People v. Flores, 2009 Guam 22 ¶ 112) (internal quotation marks omitted). We find that the improper vouching was harmless error.