FILED SUPERIOR COURT JOAQUIN C. ARRIOLA, JR., ESQ. ARRIOLA, COWAN & ARRIOLA 259 MARTYR STREET, SUITE 201 HAGATNA, GUAM 96932 TEL: (671) 477-9730/33 FAX: (671) 477-9734 jay.arriola®arriolacowan.com

703DEC 24 &9D. 18 CLERK OF COURT "Y:

Counsel for Defendant MARK A. TORRE, JR.

IN THE SUPERIOR COURT OF GUAM TERRITORY OF GUAM CRIMINAL CASE NO. CF0421-15

THE PEOPLE OF GUAM, 0

s

Plaintiff,

O

AFFIDAVIT OF COUNSEL RE: DECISION & ORDER, MOTION FOR MODIFICATION OF BAIL CONDITIONS TO PERMIT CONTACT

4

ae

V. MARK A. TORRE, JR., 0

Defendant.

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JOAQUIN C. ARRIOLA, JR., being duly sworn, deposes and states as follows: I

1.

I am counsel for Defendant Mark Torre Jr. in the above-captioned matter, and make

this Affidavit in compliance with this Court' s Decision and Order filed herein December 23, 2015. 2.

Defendant had previously moved to modify his bail conditions herein to permit

contact between him and his father, Lt. Mark Torre. The Court denied the Motion at hearing on September 24, 2015, based primarily on the Government's objection that Lt. Mark Torre had yet to provide an additional interview to the AG's Investigator. 3.

On September 24, 2015, immediately after hearing, I sent an email to Chief

Prosecutor Phil Tydingco advising that Lt. Tone has offered to be interviewed again by the AG's Investigator, or Guam Police. Chief Prosecutor Tydingco replied that he would forward the information to his investigators and GPD and "get back to (me) later. " Neither Chief Prosecutor nor his investigators ever got back to me to arrange an interview, as of filing the renewed Motion November 25, 2015 or since then, until yesterday.

ORIGINAL

4.

Attorney Thomas Fisher has been engaged by Lt. Torre to assist him.

As of

November 25, 2015, the date of filing of Defendant's renewed Motion, Atty. Fisher advised me that he contacted the AG's Office "several times" to coordinate an interview of Lt. Torre, and that the AG's Office had not responded to any of his inquiries or requests as of that date. 5.

I am informed and believe that Lt. Torre has offered his full cooperation to the AG's

Office in order to satisfy the Court's concerns over contact w/ the defendant and cooperation with the police and prosecutors, and that he continues to do so. 6.

On December 23, 2015, after receiving this Court's Decision and Order, I was advised

by the Chief Prosecutor and Atty. Fisher that they were coordinating an interview of Lt. Torre, for perhaps next month, next year. FURTHER YOUR AFFIANT SAYETI-I NOT. Dated at Hagatna, Guam: December 24, 2015.

A I

SUBSCRIBEDAND SWORN to before mlthis 2T day of December, 2015, bAJOAPUIN C. ARRIOLA, JR.

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