Torre pleads not guilty to amended indictment

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The accused Mark Torre Jr.'s motion for dismissal has been denied and jury selection will begin tomorrow. (PNC file photo)

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.

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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.