Wednesday, July 23, 2008 Batman slay suspect's lawyer wants judge to inhibit By Rhodamae M. Hernandez
THE lawyer of the accused in shooting to death broadcaster Fernando "Batman" Lintuan sought the inhibition of Regional Trial Court Branch 17 Judge Renato A. Fuentes, saying the latter's daughter was a member of the investigating panel who conducted the preliminary investigation and charged the accused with murder.
In a motion for voluntary inhibition, Lawyer Ramon Edison Batacan said: "The accused is now placed in a peculiar situation where the father tries the case formerly investigated by his daughter."
"There is likelihood that the judge will uphold the resolution of his daughter. As a matter of fact, the judge denied accused's motion for judicial determination and petition for bail -- both are telltale that the presiding judge had already pre-judge the case," he added.
By inhibiting, Batacan argued that it will spare the judge from "any perceived improprieties in the conduct of the trial."
Judge Fuentes earlier issued a 19-page resolution saying the evidence of the prosecution was strong at the stage of petition for bail proceedings and "there is no irreconcilable inconsistency" between what the young witness said in open court and his sworn statement, and that the two were "complementary with each other" and scheduled the pre-trial conference on August 20.
Leonilo Larosa, a blocktimer at dxGO, is the suspect in the killing of Lintuan on December 24, 2007 after he was positively identified by one of three witnesses.
Lintuan was shot dead at close range along R. Castillo Street in Agdao while driving his Volkswagen from his radio station.
Larosa was earlier charged with illegal possession of firearms after a search operation yielded Colt Mark IV series 80, a 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, the subject of the search warrant issued by Judge Isaac Robillo.
