Superior Court stands by decision denying Mark Torre Jr. motion to dismiss

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Mark Torre Jr. (PNC file photo)

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.

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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.

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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.