Defense subpoenas Clerk of Court in Torre Jr. case

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Mark Torre Jr. and his lawyer Jay Arriola are shown on their way to court.

The arguments in the Mark Torre Jr. trial have heated up as his attorney Jay Arriola fired back a reply to the government’s opposition to dismiss the trial for a violation of the speedy trial act.

But these arguments weren’t the focus of this morning’s hearing.

Instead, the government remained quiet as the defense argued with the Judiciary’s legal counsel who motioned to quash the two subpoenas served on the Judiciary’s Clerk of Court, Danielle Rosette.

Arriola’s subpoenas request for Clerk of Court to produce documents he originally attempted to obtain through the three Sunshine Act requests served on the Judiciary of Guam.

The requests are related to documents which may be entered into evidence to support Arriola’s motion to dismiss with prejudice for a violation of Torre’s right to a speedy trial.

The move to quash was presented on the basis of oppression, stating “the defendant’s subpoena subjects Rossete to unreasonable, oppressive and undue burden.”

The court’s legal counsel says that the subpoena does not state what the testimony will be about. However, they suspect that it is related to the reassignment of the case between judges.

Arriola asked the court to take judicial notice that the only trial on the calendar was a case before Judge Arthur Barcinas, the judge now presiding over the Torre Jr. case.

However, Barcinas has instead chosen to allow all parties to file briefs by Thursday and has taken the motion to quash under advisement.

“What we do here today doesn’t just affect this case but all cases,” said Judge Barcinas.

A hearing on the motion is set for Feb. 28.

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