By JOSEPH G. LARIOSA

(© Journal Group Link International)

C HICAGO (jGLi) -- Former Philippine police officer Michael Ray B. Aquino has filed a notice of appeal before the U.S. Circuit Court of Appeals for the Third District in Philadelphia, Pennsylvania, for the denial of his habeas corpus, affirming his extradition to the Philippines, according to Rebekah Carmichael, spokesperson of the U.S. Attorney General’s office in Newark, New Jersey.

A check with the records of Third Circuit Court of Appeals showed that Mr. Aquino is filing an appeal as “pro se,” meaning without the aid of a lawyer.

In his notice of appeal, Mr. Aquino said he “respectfully files this notice that he is appealing to the U.S. Court of Appeals for the Third District, from a final order of this Honorable Court issued on Oct. 14, 2010.”

His notice was by notarized by Denise McKinney of Hudson County, New Jersey.

He also notified the U.S. Attorney, represented by Assistant U.S. Attorney Erik T. Kanefsky, with his notice of appeal.

He mailed his notice of appeal from his detention cell from South Kearny, New Jersey’s Hudson County Correctional Center with an envelop postmarked: “Hudson County Correctional has neither censored nor inspected this item, therefore, does not assume responsibility for its contents.”

His appeal was addressed to Judge Stanley R. Chesler of the U.S. District Court in Newark. It was Judge Chesler, who denied his habeas corpus petition last Oct. 14, 2010.

NO MORE LAWYER

M r. Aquino, an indigent, has been represented by his lawyer Mark Berman, a court-appointed private lawyer paid by the government under the Criminal Justice Act. Mr. Berman could not be reached for comment why Mr. Aquino had dispensed with his legal services.

Marcia M. Waldron, clerk of the United States Court of Appeals, informed parties to Aquino’s appeal that notice of appeals is “considered timely if filed no later than 28 days after the entry of judgment.” Since it appears that Mr. Aquino filed his notice of appeal beyond this period, Ms. Waldron said, “the requirements for the filing of appearance form, disclosure statement and civil appeal information statement are waived for pro se litigants.”

Aquino’s appeal is also filed against James T. Plousis, U.S. Marshall District of New Jersey and Oscar Aviles, Director of Hudson County Correctional Center.

In his order last Oct. 14, Judge Chesler said, “the Court having considered the papers filed by the parties; and the Court having considered the Opinion of Magistrate Judge (Esther) Salas docketed as In the Matter of Extradition of Michael Ray Aquino and for the reasons expressed in the Opinion, it is ordered that Aquino’s petition for writ of habeas corpus be and is hereby denied and it is further ordered that this case be and hereby is closed.” This order also closes Aquino’s pending appeal before Judge Salas.

In his habeas corpus petition, Aquino asked Judge Chesler to grant his petition for habeas corpus “because Magistrate Judge Salas erred in finding probable cause in the underlying extradition proceeding.”

Judge Chesler, however, denied Aquino’s petition, opting not to disturb the opinion of Judge Salas, who found that upon review of both written and oral submissions, the Philippine “Government has met its burden in providing sufficient evidence to establish probable cause.”

He reiterated the ruling of Judge Salas, who found “probable cause connecting Aquino to the double murder for which his extradition was sought.”

AMPLE EVIDENCE

J udge Chesler said Judge Salas found “ample evidence to support ‘the Government’s position that Aquino was directing others in the investigation, interrogation, and eventual murders of (Salvador) Dacer and (Emmanuel) Corbito.

“Judge Salas also noted that Petitioner’s ‘distinct pattern of a cover up and the concealing of identities’ was further evidence of his involvement in the murders. Finally, Judge Salas found that comments made by both Aquino’s colleagues and Aquino himself following the murders were suitable indicia of involvement in the crime.”

In reviewing the underlying extradition order in the petition, Judge Chesler said the Court “may consider only whether the magistrate [judge] had jurisdiction, whether the offense charged is within the treaty, and by a somewhat liberal extension, whether there was any evidence warranting the finding that there was reasonable ground to believe the accused guilty.”

But Aquino challenges his extradition only “on the theory that it is not supported by sufficient evidence to find probable cause.”

Chesler said, “in an extradition hearing, probable cause is found where there is ‘evidence that would support a reasonable belief that [the defendant] was guilty.’

“Upon careful review of the record,” Judge Chesler said, “this Court finds that there is competent evidence to support Judge Salas’s finding of probable cause.”

Aquino, 43, was one of the three Philippine officers, who were being sought by the Philippine government to be extradited to the Philippines in connection with the Dacer-Corbito double murder. The two others were former police superintendents Cezar O. Mancao, II and Glenn Dumlao. Both of them were extradited to the Philippines. Mr. Mancao is now a state witness.

They were all under then General-turned-Senator Panfilo Lacson, who headed the Presidential Anti-Organized Crime Task Force (PAOCTF) during President Joseph “Erap” Estrada’s administration. Senator Lacson, who turned fugitive, and former President Estrada have both denied involvement in the double murders. # # #

Editor’s Note: To contact the author, please e-mail him at:  (lariosa_jos@sbcglobal.net)