The Clerk of Court is not a party to the Mark Torre Jr. trial but the testimony she was subpoenaed to provide could be pertinent towards the decision to grant or deny the dismissal.
But getting Clerk of Court Danielle Rossette to testify appears to have been held up with a motion to quash causing Torre Jr.’s camp to question “what is the court hiding?”
Rossette says it would create undue burden for her to testify in court on the motion. The government added that “allowing her to be subpoenaed for this reason would open the floodgates of criminal litigation leading to endless subpoenas upon Rosette.”
The Judiciary of Guam’s legal counsel also stated that the information Rossette has been subpoenaed for has already been provided to Torre Jr.’s attorney Jay Arriola.
Arriola had subpoenaed all information related to Torre’s motion for dismissal due to speedy trial right violations.
Today, Arriola filed a consolidated opposition to the JOG’s motion to quash, calling it “meritless.”
He says the subpoenas seek critical and non-privileged material and testimony related to the motion to dismiss. These include the court’s calendar and correspondence related to the reassignment of the case following former Judge Michael Bordallo’s resignation from the court.
Arriola also argued that the delay in the asserted trial caused in part by the Superior Court of Guam. Arriola is asking the court to deny the motion to quash as it is critical to the motion to dismiss.
A hearing is set for Feb. 28.