Mark Torre Jr. appeared in court this afternoon to address the amended indictment against him.
With an amended indictment against Mark Torre Jr. in the case involving the shooting death of fellow police officer Elbert Piolo headed to a second trial, his attorney Jay Arriola requested that his client be arraigned.
“We have received a copy of the amended indictment we waive the reading thereof, we plead not guilty to all charges contained in that indictment. Speedy trial is asserted,” Arriola said.
Maintaining his client’s innocence in the shooting, Arriola has filed a motion to dismiss the amended indictment which charges Torre with negligent homicide.
In the motion, Arriola contends that without the suppressed evidence, there is no competent evidence supporting the grand jury’s finding of probable cause.
Following Torre’s conviction in the first trial of negligent homicide and third-degree aggravated assault, both with a special allegation of possession or use of a deadly weapon, he appealed to the Supreme Court of Guam which overturned the convictions and returned the case back to the trial court.
The higher court ruled that the trial court erred in allowing evidence, namely body cam footage, and statements made by Torre to be introduced in trial as that evidence was garnered without Torre being read his rights.
Arriola also argues that the government failed to present any exculpatory evidence to the grand jury supporting the negligent homicide as a third-degree felony with a special allegation charge.
In the first trial, Torre was acquitted of murder, manslaughter, and second-degree aggravated assault.
In court, Arriola requested that oral argument be heard. However, Superior Court Judge Michael Bordallo stated that he wants to review all filings before determining if the motion will require oral arguments.
A hearing to discuss further proceedings is set for Oct. 3 at 2 p.m.