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Saturday, December 27, 2003
Conflicting evidence led to bail for Espinosa: court
By Jay Dooma Balnig and Ruby P. Silubrico
THE prosecution's inconsistency in the presentation of evidence led to the granting of bail for murder suspect Greg Espinosa, according to the decision of Judge Elena Opinion of the Regional Trial Court (RTC) Branch 27.
During the hearing for the motion to bail, several witnesses testified before the court on the technicalities of the gunshot wound of eight-year-old victim Kevin Apolinario.
One of them, Dr. Owen Lebaquin, medico-legal officer of the regional police crime laboratory, testified that the possible assassin was definitely near the victim after he found powder burns and smudging on the victim's head.
Lebaquin's testimony, however, contradicted with the statement of another witness, who claimed that Espinosa was far from the victim when he aimed his firearm prior to the gunburst.
Despite the opposition of Assistant City Prosecutor Ledelia Biliran, the court allowed Espinosa to post a bailbond of P200,000 for his provisional liberty last December 23.
The case of Espinosa, the younger brother of former Task Force Adams Apple chairman Pascual "Toto E" Espinosa, was originally lodged before Judge Adriano Savillo of Branch 30. Savillo issued the warrant of arrest for Espinosa.
He was arrested by Task Force Waterfront operatives headed by deputy chief Supt. Ruel Pama in Masbate last July after several months of hiding from authorities.
Marjorie, Apolinario's mother, decried the court's decision to grant bail for Espinosa despite evading the police when his warrant of arrest was served.
Their family sought the assistance of Senior Supt. Felix Muchada, Task Force Waterfront chief.
Muchada, however, said it is no longer the job of the police to evaluate the case.
"It depends on the court. It's not our job anymore," he said. "We can't question the court's decision."
He added, "We already did our job as members of the PNP. We filed charges against Espinosa, arrested him and brought him to court."
Muchada said he has not yet met with the Apolinario family after Espinosa was released before Christmas.
Espinosa, who was arrested July 8 in Barangay Calumpang, Balud in Masbate, is facing charges for allegedly shooting to death Apolinario in Dec. 15, 2002 in Zamora St.
Several witnesses positively identified Espinosa as the one who shot Apolinario, who was sitting at their rooftop with his father, Eutoquio.
Witness Rudy Baladyong said he saw Espinosa carrying a gun when he went inside his house adjacent to the victim's residence. Minutes later, Apolinario was killed.
Though he was arrested second week of July yet, he was only detained at the Bureau of Jail Management and Penology (BJMP) District Jail in Ungka, Pavia three weeks later last July 29.
The Apolinario family then said they have long waited for Espinosa's detention.
(December 27, 2003 issue)
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