Judge Michael Bordallo on Friday issued a decision in the negligent homicide retrial of Mark Torre Jr.
Torre’s attorney, Jay Arriola, filed a motion to exclude the prior testimony of former Guam Medical Examiner Dr. Aurelio Espinola because the prosecution has not been able to find him and confirm he will come back for the re-trial.
In his ruling, Judge Bordallo concluded that the prosecution made a diligent effort to find Dr. Espinola and he ruled that the former pathologist is “legally unavailable” at this time.
However, he noted that the trial will be long and there is plenty of time to find Dr. Espinola.
Judge Bordallo wrote that the defense is free to re-file its motion to exclude Espinola’s testimony at a later time.
Arriola filed another motion seeking dismissal of the entire case on the grounds that Torre’s right to a speedy trial has been violated.
Bordallo has not issued his decision on that motion yet.