By JOSEPH G. LARIOSA

(© Journal Group Link International)

U.S. Attorney Says Aquino Was Unable to Challenge the Probable-cause Determination and Instead Attempts to Introduce New issues that He Never Raised at the Trial Court 

C HICAGO, Illinois (jGLi) – United States Attorney Paul J. Fishman of the District of New Jersey in Newark told the U.S. Court of Appeals, Third Circuit, in Philadelphia, Pennsylvania, that the Philippine government is “not required to conduct a perfect investigation” and “not required to present its entire case in this country” in securing the extradition of former police officer Michael Ray Aquino to the Philippines.

In a letter to the U.S. Court of Appeals, Fishman said that in extradition cases, “the evidence presented [should] only ‘support a reasonable belief that [Aquino] was guilty of the crime[s] charged.’ The evidence presented to the magistrate judge sufficed for this limited purpose.”

The U.S. Attorney wrote the five-page letter in response to a 54-page appellant brief filed by Aquino last December as “pro se” (his own lawyer), supporting his petition for habeas corpus when the U.S. District Court of New Jersey approved his extradition to the Philippines.

In his brief, Aquino told the court that the “clear pattern of fabrication of evidence by the Philippine prosecution, from the submission of bones found to be “animal skull,” to the suppression of DNA evidence, to the preparation of the Cezar Mancao’s affidavit by the prosecutor” are enough reasons that his “extradition request be refused for lack of probable cause.”

The U.S. Attorney said, “[u]nable to challenge the probable cause determination, Aquino instead attempts to introduce new issues and claims he never raised below. For example, he claims that the District Court erred by not considering DNA evidence supposedly exonerating him.

“This claim is meritless. First, there is no indication that Aquino asked the courts below to consider that supposed evidence. Thus, there could be no error (let alone reversible error) from a court’s failure to consider it. Second, even had Aquino made such a request, it would not have been error to deny it.”

The U.S. government prosecution explained that a “petition challenging an extradition determination is limited to whether the evidence already before the Magistrate Judge establishes probable cause, not whether evidence outside the record undermines a finding of factual guilt.”

It said, “evidence purportedly supporting an “I didn’t do it” defense should be submitted in a trial of the charges in the Philippines; it is not a basis for negating an otherwise properly supporting finding of probable cause.”

The scope of habeas corpus review of a magistrate judge’s extradition order under a treaty with a foreign country is extremely limited. A reviewing court may consider only “whether the treaty and, by a somewhat liberal extension, whether there was evidence warranting the finding that there was reasonable ground to believe the accused guilty.”

In extraditing Aquino, the District Court found: “There is more than ample evidence on the record to find probable cause of guilt. Aquino’s conduct before and after the murders is not only consistent with, but is indicative of a role in the conspiracy.

“As Judge [Esther] Salas noted, Aquino initiated the investigation of [Salvador] Dacer, gave his subordinates specific instructions as to how to carry out the investigation, and even resolved staffing issues relating to the investigation. Once Dacer and [Emmanuel] Corbito had been abducted, Aquino was not only notified, but further dictated who should be present at the interrogation and what questions should be asked.

“Finally, Aquino not only fled the country when he was alerted about a revitalized investigation into the murders, he also blamed a colleague for “sloppily dumping Dacer’s vehicle where it was easily discovered.”

If Aquino’s habeas corpus appeal is denied, his last option is to elevate his case to the U.S. Supreme Court in Washington, D.C.

If he does not appeal, he will be extradited to the Philippines where he faces double-murder charges of Dacer and Corbito, who were kidnapped and murdered in 2000.

PHP DoJ Files a Motion for Reconsideration of Appeals Court’s Ruling Dismissing Charges Against Senator Lacson 

A quino was among the nearly two dozens of accused in the murders. Among those initially named in the information were former police superintendents Cezar O. Mancao and Glenn Dumlao and their subordinates. Mancao and Dumlao later implicated Aquino, their former superior, General-turned-Sen. Panfilo Lacson and former President Joseph Estrada in the murder conspiracy as the masterminds.

Both Senator Lacson and former President Estrada denied the conspiracy allegation.

Mr. Lacson fled the country before an information was filed against him and before a warrant of arrest could be served on him.

Last week, the Philippine Court of Appeals dismissed the information against Mr. Lacson and nullified the warrant of arrest for Mr. Lacson.

The Philippine Department of Justice, however, is filing a motion for reconsideration on the twin rulings of the Court of Appeals. # # #

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