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.
“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.”
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.