Mark Torre Jr. trial delayed once more

200
The request for a stay was made to allow defense lawyer Jay Arriola to consider and file a writ of mandamus with the Supreme Court of Guam.

The trial of Mark Torre Jr has been delayed once again as the defense’s motion for a stay was granted this morning by Judge Arthur Barcinas who denied the defense’s previous motion for dismissal of the case on the argument that there was a violation of the Speedy Trial Act.

The request for a stay was made to allow defense lawyer Jay Arriola to consider and file a writ of mandamus with the Supreme Court of Guam as jury selection was slated to resume today.

In granting the motion to stay the proceedings, Judge Barcinas says that the test for a writ would be whether there is irreparable harm and no legal remedy available.

After the hearing, PNC caught up with Arriola for a response to the court’s decision.

Loading the player...

“The court had to weigh the likelihood of success on the merits for our petition as well as whether there is going to be any irreparable harm to the defendant if we don’t stop this trial and proceed to take our petitions up to the Supreme Court,” Arriola said.

The government did not object to the stay, stating that while it places the government in a difficult position, moving forward with a trial could result in jeopardy being attached.

OAG Prosecutor Basil O’Mallan said: “You know one of the things we have to be concerned about is I don’t want jeopardy attached to create a different issue so the smart course is just to hold off and let’s see what happens upstairs.”

Loading the player...

Arriola stated that they would be filing the petition for Wit of Mandamus after Judge Barcinas files an official order denying Torre’s motions to dismiss with the court’s analysis.

He has set a follow-up hearing for April 6.

##

Previous articleGuam Cancer Care cuts services; may have to shut down
Next articleOfficer who said Acosta confessed testifies in Nauta murder case
Jolene Toves
Jolene joined the PNC team in 2017, as a producer, co-anchor and investigative reporter covering law enforcement, courts and crimes. Notable coverage includes the Ehlert case, the Mark Torre Jr. trial, the Allan Agababa trial, exclusive pieces on the Life of a Drug Dealer/Addict, and Life behind bars...the story of Honofre Chargualaf and Kevin Cruz. In 2019, she was promoted to Assistant News Director and Lead Anchor. From 2015 to 2017 she served as Public Relations and Promotions Manager, for the Hotel Nikko Guam handling local radio and advertorial promotions, as well as produced and directed tv commercials for the hotel. Prior to this she worked with KUAM for three years as a reporter and segment host. She began her journalism career in 2012, working with Glimpses of Guam contributing to the Guam Business Magazine, R&R magazine, MDM magazine and the Marianas Business Journal.