"I'm actually shocked and appalled actually," said Greg Lizama. He's talking about a decision an order issued late Wednesday afternoon by Superior Court Judge Michael Bordallo related to the Mark Torre, Jr. case. In July the former police officer allegedly shot and killed fellow officer Elbert Piolo.

According to 911 recordings from that night, Piolo phoned for help twice stating he had been shot in the chest and that Torre was with him. the crime occurred at Torre's home in Yigo, where he lived with his family, including his father Mark Torre, Sr., a police lieutenant.

As part of pre-trial conditions the judge ordered the two have no-contact. But two days before Christmas and on the day of Piolo's only daughter's birthday, the judge issued his order, setting up the possibility that the father and son could be reunited.

"I didn't want to ruin Alana's birthday so I just wanted to make sure that it was still a special day for her, so I told everyone not to discuss the situation and just enjoy the day of her birthday," he said. "Just imagine if this was your family and you received news right before your Christmas - that the murderer, or could be murder or would be murderer of your son was allowed to see one of the key witnesses in the case."

According to Judge Bordallo's order the defendant's request to modify bail conditions is supported by the people's failure to act upon Lieutenant Torre's offers to be re-interviewed or to further assert or explain his materiality or significance as a witness. 24-hours after the order however, on Christmas Eve, Chief Prosecutor Phil Tydingco filed a statement of materiality with the court. That statement indicates the importance Torre, Sr. is as a witness:

- Such as he "was a witness to the dying declarations of the victim"

-the court document adds "as father of the accused Torre Sr. would have a natural bias."

-"Torre sr. Was seen speaking to various officers and the defendant in private as captured by the video of a body camera."

Additionally Tydingco writes that Torre's Sr.'s attorney Thomas Fisher was contacted this week about whether his client would be available for interview in the first week of January.

The prosecution is urging the court to continue the no-contact order.

But apparently the AG's request may be too little too late, as the defense filed the necessary affidavit as required by Judge Bordallo. According to the affidavit filed by Torre Jr.'s attorney Jay Arriola since September he emailed the chief prosecutor advising that Torre Sr. Has offered to be interviewed again by the AG's investigator or police. Arriola writes no one got back to him until yesterday. Arriola stated that it wasn't until after the judge issued his order that he learned that the chief prosecutor and Attorney Fisher were coordinating an interview of Lt. Torre for January.

KUAM News confirmed this afternoon that the no contact order was, in fact, was lifted, meaning Torre Sr. will be home for the holidays. "Why do you have to do it two days before Christmas?" questioned Lizama. "Why could you wait until after Christmas to give the decision? He would be able to spend the holidays with his family; we don't ever get that opportunity. We spend the holidays with a picture frame."

Mark Torre, Jr. stands trial for murder in February.

Lizama is godfather to Piolo's eldest son. He is also co-founder of the Guam chapter of Compassionate Friends, the national self-help organization that offers friendship and understanding to parents who lost their children. Lizama says as a result of this order, he is counseling Piolo's parents during this difficult time.

He told KUAM News he's concerned the way the case is being handled and questions whether there's any empathy toward the victim's family.