By JOSEPH G. LARIOSA

(© Journal Group Link International)

Meanwhile Dacer’s Daughters File a $120-million Civil Suit against Same Accused with the United States District Court in San Francisco

C HICAGO (jGLi) – Former Philippine police officer Michael Ray B. Aquino lost yet again Thursday (Oct. 14) in his latest bid to gain freedom.

United States District Court Judge Stanley R. Chesler of Newark denied Mr. Aquino’s petition for a writ of habeas corpus largely affirming the previous opinion of U.S. Magistrate Judge Esther Salas of the U.S. District Court of New Jersey, granting Aquino’s extradition to the Philippines. A U.S. District Court judge is superior to a U.S. Magistrate Court judge.

In handing down a two-page opinion on the civil action filed by Aquino, moving “to stay his extradition from the United States, pending a final resolution of the instant habeas Petition and to reverse his extradition order” issued by Judge Salas, Judge Chesler said he will be issuing an “appropriate form of Order together with this Opinion.”

In his 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.”

Judge 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.”

Without disputing the facts, Aquino claims that the notion that he was involved in the conspiracy to commit double murder is sheer ‘speculation,’ Judge Chesler said. But added, “The suggestion that Judge Salas’s finding of probable cause relied on the mere existence of a chain of command is patently false.”

INDICATIVE OF CONSPIRACY

In supporting Judge Salas’ finding of Aquino’s involvement “in a conspiracy to commit the murders of Dacer and Corbito,” Judge Chesler said, “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 Salas noted, Aquino initiated the investigation of 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 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.’”

Mr. Aquino filed the petition for a writ of habeas corpus before Judge Chesler while waiting for the ruling of Judge Salas on his appeal, ordering his extradition to the Philippines.

Mr. Aquino’s defense lawyer Mark A. Berman could not be reached for comment.

Michael Ray 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 other were former police superintendents Cezar O. Mancao II  and Glenn Dumlao. Both of them were extradited to the Philippines. 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.

CIVIL CASE FILED IN SAN FRANCISCO

A quino, Lacson, Estrada and Dumlao and three others were named in the $120-million civil suit filed against them last month by Dacer’s daughters, who are either U.S. citizens or U.S. immigrants, before the United States District Court for the Northern District of California in San Francisco in connection with the Dacer-Corbito double murder.

Mr. Aquino has been dodging prison since he served out his espionage case. He was about to be released from detention when the Philippine government sought his extradition to the Philippines. If he were not extradited, Aquino would have been deported to the Philippines for overstaying his non-immigration visa.

If Aquino is extradited to Manila, he will be facing a court trial along with 22 others originally accused in the double murders.

A full-blown trial, however, would have to wait pending the arrest or surrender of Senator Lacson, who has gone into hiding after being charged in the murders. # # #

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