Judges rules government can replay former medical examiner's testimony in Torre case

Judge Arthur Barcinas has requested pending motions in Mark Torre junior's case be handled before undertaking any new matters.

Torre faces aggravated assault and negligent homicide for the 2015 fatal shooting of fellow police officer Elbert Piolo.

Before officially resigning, Judge Michael Bordallo ruled on the defense's motion to exclude prior testimony. In this decision and order, the court will allow the playback of former Chief Medical Examiner Dr. Aurelio Espinola's testimony to be used in the second try of the case because the government proved he is legally unavailable. Torre may renew the motion at a later time and the government will again have to prove they could not contact Dr. Espinola. 

Also in the decision and order, Judge Bordallo will allow the government to playback witness Charles Pendleton's testimony since he no longer lives on Guam and currently resides in Texas.

In addition, the court ruled against the replay of Guam Police Department officer Shawn Meno due to a lack of evidence from the prosecution to come into contact with the witness.

Torre's next court appearance has been scheduled for Feb. 27 before Judge Barcinas where arguments will be made on Torre's new motion to dismiss.