The Superior Court of Guam is standing by its decision to deny Mark Torre Jr.’s motion to dismiss the case involving the shooting death of police officer Elbert Piolo. But the court will follow any decision by the Supreme Court of Guam regarding the appeal.
Mark Torre Jr.’s case is before the Supreme Court of Guam where he is appealing the decision by the lower court and asking that the trial court’s decision be vacated and the indictment dismissed.
Superior Court presiding Judge Arthur Barcinas stands by his decision to deny the motion to dismiss with prejudice finding no violation of Torre’s speedy trial rights.
However, Judge Barcinas doesn’t oppose the Supreme Court from moving forward with the petition and ruling on the speedy trial issue and believes that the court would benefit from the Supreme Court’s clear guidance.
“Specifically regarding the appropriate appellate procedure when challenging a trial court’s ruling on an alleged violation of a defendant’s right to a speedy trial,” stated Barcinas.
The government, in their opposition to Torre’s appeal, argued that there is no wrongdoing.
The Office of the Attorney General says that Torre has no basis demanding writ relief because the delay was caused by Torre filing several motions, and by doing so, tolled the speedy trial clock.
Torre had also argued that his right was violated by a delay in the re-assignment of the case following Judge Michael Bordallo’s resignation from the court.
But the OAG argues that Torre has misconstrued the court’s case reassignment rule, which they say was properly implemented in the matter.
The Supreme Court has not made a decision or ruling in the case and the responses presented by all parties are under advisement.