Government must respond to Supreme Court by March 18 in Torre case

He wants the Supreme Court to vacate the Superior Court's decision to not dismiss his case.

Mark Torre, Jr. faces charges of negligent homicide and aggravated assault for the 2015 fatal shooting of Elbert Piolo.

He's asking the higher court dismiss the lower court's decision to not dismiss his case with prejudice.

In a writ of mandamus to the Supreme Court Torre's attorney Jay Arriola states "this case presents one of the most egregious violations of a defendant's speedy trial rights."

The defense argues that it's been 222 days and yet, no trial despite his assertion to a speedy trial. According to court documents the Superior Court has failed to address Torre's pre-trial motions in a timely manner, did not assign an available judge to the case and no steps were taken to address "foreseeable" delays. These delays include the resignation of Judge Michael Bordallo, the disqualification of certain judges and the absence of judges who were attending the Saipan judicial conference.

Also, the defense argued the government contributed to the delays by their late pre-trial filings of exhibit and witness lists. Supreme Court Chief Justice Phillip Carbullido ordered the government to file an answer to the petition by March 18.

If the Superior Court of Guam chooses to, they may file an answer and all parties that wish to order a transcript of case proceedings be completed by March 18. A briefing schedule will be issued by the Supreme Court after reviewing the parties' answers.