Motion to dismiss Torre indictment denied

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Mark Torre Jr. (PNC file photo)

In a 10-page decision by Superior Court Judge Michael Bordallo, he explained why he decided to deny a motion to dismiss the indictment against Mark Torre Jr., the man accused in the shooting death of fellow police officer Elbert Piolo.

The motion for a dismissal addressed two issues. First, whether the grand jury’s 2015 initial finding of probable cause is invalid because the grand jury was presented with incriminating statements made by Torre, which have since been suppressed by the Supreme Court on 5th amendment grounds.

Secondly, there was the issue of whether the government failed to present exculpatory evidence to the grand jury related to the negligent homicide charge.

Judge Bordallo, in his analysis, determined based on a Supreme Court ruling that finding probable cause is valid despite the evidence being obtained in violation of the 5th amendment.

He further stated that while suppression of such evidence can constitute grounds for dismissal, it is only in cases where the suppressed evidence was the sole basis for finding probable cause which Judge Bordallo says is not the case here.

“Torre seems to ignore the numerous pieces of evidence presented to the grand jury which could independently justify a finding of probable cause,” the judge stated.

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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.