The Mark Torre, Jr. trial is on hold temporarily. The decision was made this morning after a brief hearing in the Superior Court.

Jury selection and trial was scheduled to get underway today, but as we reported late Wednesday Torre's attorney Jay Arriola filed a late afternoon motion to have the case stayed. The reason is because Arriola plans to file a petition to request the Supreme Court of Guam to order the lower court to dismiss the case.

Earlier this week Judge Arthur Barcinas denied Torre's initial request for the case to be thrown out. The defense has been arguing that Torre's rights to a speedy trial have been violated because of delays by the court and the prosecution.

"It's a very important recognition of the issues being presented before the court," he said. "The court had to weigh whether the likelihood of success on the merits for our petition as well as whether there's going to be any irreparable harm to the defendant if we don't stop this trial and proceed to take our petition up before the Supreme Court."

Torre is being retried for the 2015 fatal shooting of police officer Elbert Piolo. In July of last year the Supreme Court issued a decision vacating his conviction. According to the defense, Torre's trial should have commenced in December of last year but because of delays by the Court and the Office of the Attorney General his clients rights were violated. The AG's office, on the other hand, argued the trial was delayed because of the multiple motions filed by the defense.

In court today, Judge Arthur Barcinas agreed to suspend the trial for the Supreme Court to make the ultimate decision. Chief Prosecutor Basil O'Mallan did not object to the motion to stay the case.

"One of the things we have to be concerned about is I don't want jeopardy attached which would create a different issue," he said. "So the smart course is just to hold off let's see what happens up stairs."

Today's decision and order will be filed by the end of today, after which attorney Arriola says he will be filing his petition with the Supreme Court of Guam. Meantime A further proceedings hearing before Judge Barcinas has been scheduled for April 6.