


The former Guam Police Department officer facing eight years in prison after he was convicted in connection with the death of fellow officer Sgt. Elbert Piolo filed papers in the Supreme Court of Guam, seeking to reverse his convictions.

Mark Torre Jr.’s attorneys, Anita Arriola and Joaquin “Jay” Arriola Jr., filed their opening brief on Friday, appealing Torre’s conviction for negligent homicide and aggravated assault, according to an email Joaquin Arriola Jr. sent to the media.


More: Mark Torre Jr. sentenced to 8 years in Piolo shooting death, remains free pending appeal

“Torre, through his attorneys Anita Arriola and Jay Arriola, contends the trial court made significant, reversible errors at trial, including the court’s admission of the bodycam video interrogation of Torre, and the court’s order permitting the prosecution ‘expert witness’ to examine and question Torre when Torre never asserted a mental illness defense. Torre’s convictions must be reversed due to these clear errors,” the attorneys stated.

Piolo suffered from a single gunshot wound under his right armpit. He was shot with Torre’s gun in the early morning hours on July 13, 2015. Piolo had driven Torre home to Yigo. Witnesses in trial said Torre and Piolo were spotted drinking in Tumon before the shooting. Torre testified and said he had no memory of the shooting and that he blacked out.

More: 'He shot me' — Piolo's 911 calls played in Torre murder trial

More: Torre says he blacked out, but Piolo shot himself

While on the witness stand, Torre said from what he could recall, from the evidence and from his feelings, Piolo shot himself.

Piolo called 911 and was heard in the recorded call repeatedly telling the operator, “He shot me.”

Prosecutors described the killing as a drunken shooting by Torre, but the defense said Piolo was distraught over an extramarital affair and shot himself.

The jury acquitted Torre of murder and manslaughter. He was found guilty of negligent homicide, aggravated assault as a third-degree felony and two special allegations for the possession and use of a deadline weapon in the commission of a felony.

Torre has yet to serve his prison sentence and remains on release, pending his appeal.

In his appeal, Torre’s attorneys raised a handful of questions, including whether the trial court had the authority to order a mental examination of Torre by the prosecution’s expert and if doing so was a violation of Torre’s rights. Torre’s lawyers also questioned if Torre was in custody when police spoke to him and videotaped him at his home, referring to the body camera footage of Torre when police first responded.

“This appeal raises several issues of first impression. Torre was seated on the tailgate of a pickup truck in his driveway in a small confined space where he was subjected to almost 50 minutes of questioning by officers in a police-dominated environment. Torre was in custody and the police body camera videos and Torre’s statements were obtained without Miranda warnings, in violation of his Fifth Amendment rights,” said Joaquin Arriola Jr. in an email.

Joaquin Arriola Jr. also stated that the prosecution’s expert witness, who examined Torre ,had no experience or knowledge of alcohol-induced blackouts and was unqualified.

Additionally, Joaquin Arriola Jr. said the judge didn’t give limiting instructions after prosecution expert Dr. Dennis Donovan’s testimony, as he did when the defense’s expert, Dr. Pablo Stewart testified. “This failure severely prejudiced Torre, as Dr. Donovan gave several unsubstantiated opinions which the jury was free to consider for any purpose, including the crucial issue of guilt,” Joaquin Arriola Jr. said.




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