Wednesday, May 07, 2008 Recon motion of Batman slay suspect rejected By Rhodamae M. Hernandez
THE City Prosecutor's Office denied the motion for reconsideration submitted by the suspect in the killing of broadcaster Fernando "Batman" Lintuan last December 24.
In the resolution on the motion for reconsideration, the city prosecution, acting as the Department of Justice (DOJ) investigating panel, stressed that "contrary to the respondent's assertion, they find the testimony of the witness credible because he had ample opportunity to observe the gunman for two hours without interruption" and "gave a detailed description of the gunman's appearance and of what transpired prior to and during the killing of Lintuan."
It also showed that the witness did not only identify the suspect once but three times; first, when he saw the respondent at the National Bureau of Investigation Office; during the NBI line-up; and during the clarificatory hearing.
It said: "by the positive and consistent identification on several occasions by the witness of the respondent, his testimony passed the measure required for a finding of probable cause and the panel finds no reason to deviate from the same."
"The second supplemental affidavit was executed three days after the execution of the supplemental affidavit, the delay, if any, does not make his story less credible. In fact it even strengthens his identification of the respondent as the gunman during the line-up," the resolution said.
It said that "as to the identification made by the witness during the clarificatory hearing, there is no evidence presented that the witness was coached or coerced by the NBI agents to point or identify respondent during that time."
The respondent also said in his motion for reconsideration that the testimonies of the other witnesses should be given weight but the inconsistency in the affidavit of the other witness allegedly refers merely to the identity of (Oliver) Antoc.
The panel also denied the request for the issuance of a subpoena duces tecum as CIDG chief Benhur Mongao already stated during the clarificatory hearing that the report is confidential and was prepared solely for the evaluation and guidance of their superior. In so far as the panel was concerned, the resolution said, that report is not part of the case. A subpoena duces tecum is a demand to present an article, in this case the CIDG report, in court.
Leonilo Larosa was charged with murder after a witness who is presently under the custody of the National Bureau of Investigation (NBI) positively identified him.
Larosa earlier submitted his motion for reconsideration denying all allegations and said the NBI should not have disregraded the two other witnesses who did not point to him as the killer.
DOJ investigating panel, composed of Bendigo as the chair along with prosecutors Fuentes and Emilio Dayanghirang, found probable cause to hold him for court trial based on the evidence presented by the NBI and a witness.
Lintuan was shot dead at close range along R. Castillo Street in Agdao while driving his Volkswagen Beetle from his radio station.
Larosa was earlier charged with illegal possession of firearms after a search operation yielded a Colt Mark IV series 80, caliber .38 Super Pistol; four magazines; 32 rounds of caliber .38 ammunition; one magazine pouch; one outside gun holster; and one black clutch bag from his Pajero with plate number LME 239 as a subject of the search warrant issued by the RTC Southern Mindanao Executive Judge Isaac Robillo.
