Day 5 of Mark Torre Jr.’s retrial focused on testimony from the first trial involving then Chief Medical Examiner Dr. Aurelio Espinola who has since retired as Guam’s CME.
The jury was brought in to listen to playback of the CME’s testimony recorded during the first trial. The testimony focused on the CME’s initial autopsy report and his amended autopsy report.
Dr. Espinola’s report stated that the victim, Elbert Piolo, was in a seated position, the shooter was in the passenger seat. In playback, defense attorney Jay Arriola can be heard asking if the assumption was that they were both in the car at the time of the shooting, Arriola confirming that Espinola could only determine that Piolo and Torre were side by side at the time of the shooting.
Playback of the testimony also revealed that there were no defensive wounds found on Piolo, which, Espinola stated, ruled out that there was a struggle.
Arriola’s focus and line of questioning in the playback pushed for Espinola to question the possibility of Piolo committing suicide.
While Espinola was heard stating he ruled out suicide, Arriola’s continued probing ended with Espinola agreeing that in regards to suicide “there’s always a possibility.”