Conflicting stories mark Espinosa slay probe | ABS-CBN
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Conflicting stories mark Espinosa slay probe
Conflicting stories mark Espinosa slay probe
Jamaine Punzalan,
ABS-CBN News
Published Nov 10, 2016 02:29 PM PHT
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Updated Nov 11, 2016 02:36 AM PHT

One operation, two conflicting stories. CIDG operatives and jail personnel gave differing details on the killing of detained Albuera mayor Rolando Espinosa Sr. during a predawn raid of Baybay Provincial Jail last Saturday.
One operation, two conflicting stories. CIDG operatives and jail personnel gave differing details on the killing of detained Albuera mayor Rolando Espinosa Sr. during a predawn raid of Baybay Provincial Jail last Saturday.
In his presentation, Criminal Investigation and Detection Group chief Roel Obusan confirmed that jail personnel and the head of CIDG-Region 8 gave two different accounts in the serving of the search warrants against Espinosa and another inmate, Raul Yap.
In his presentation, Criminal Investigation and Detection Group chief Roel Obusan confirmed that jail personnel and the head of CIDG-Region 8 gave two different accounts in the serving of the search warrants against Espinosa and another inmate, Raul Yap.
The killing of Espinosa and Yap during a 4 a.m. raid on a Saturday by over 20 law enforcers has been described as "overkill" by the Philippine National Police internal affairs service.
The killing of Espinosa and Yap during a 4 a.m. raid on a Saturday by over 20 law enforcers has been described as "overkill" by the Philippine National Police internal affairs service.
Several officials -- including Senator Panfilo ''Ping'' Lacson and Albuera police chief Jovie Espienido -- have also raised doubt that the detainees were killed in a gun battle.
Several officials -- including Senator Panfilo ''Ping'' Lacson and Albuera police chief Jovie Espienido -- have also raised doubt that the detainees were killed in a gun battle.
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During his presentation, Obusan defended the timing of the search - conducted at 4:10 a.m. last November 5 - saying that the warrant issued by Judge Tarcelo Sabarre Jr. ordered an "immediate search at any time of the day or night."
During his presentation, Obusan defended the timing of the search - conducted at 4:10 a.m. last November 5 - saying that the warrant issued by Judge Tarcelo Sabarre Jr. ordered an "immediate search at any time of the day or night."
He said Sgt. Julio Retana, the jail's desk officer, claimed CIDG men ignored the request of jail guards to read the warrants and that he accidentally broke the key to the jail entrance due to extreme anxiety.
He said Sgt. Julio Retana, the jail's desk officer, claimed CIDG men ignored the request of jail guards to read the warrants and that he accidentally broke the key to the jail entrance due to extreme anxiety.
BROKEN LOCK, JAIL GUARDS FACE THE WALL
But Chief Inspector Leo Laraga, leader of the CIDG team, said the guards delayed the serving of the warrants by intentionally breaking the key.
But Chief Inspector Leo Laraga, leader of the CIDG team, said the guards delayed the serving of the warrants by intentionally breaking the key.
Laraga said policemen had to hammer a big lock to gain entry into the facility.
Laraga said policemen had to hammer a big lock to gain entry into the facility.
Citing police operational procedures, Obusan noted that policemen, after giving notice of their operation, may force their way into the subject of a search warrant if they are refused admittance.
Citing police operational procedures, Obusan noted that policemen, after giving notice of their operation, may force their way into the subject of a search warrant if they are refused admittance.
Obusan said CIDG operatives, upon entering the facility, took the mobile phones and firearms of the "suspiciously uncooperative" guards, and instructed them to kneel and face the wall.
Obusan said CIDG operatives, upon entering the facility, took the mobile phones and firearms of the "suspiciously uncooperative" guards, and instructed them to kneel and face the wall.
The guards said they were prevented from witnessing the search. On the other hand, the CIDG team said there were civilian witnesses, media men and local officials during the search.
The guards said they were prevented from witnessing the search. On the other hand, the CIDG team said there were civilian witnesses, media men and local officials during the search.
RUBOUT OR SHOOTOUT ?
Obusan said there are two conflicting accounts on the alleged shootout between Espinosa and the CIDG men.
Obusan said there are two conflicting accounts on the alleged shootout between Espinosa and the CIDG men.
He said one inmate, Dondon Palermo, allegedly heard Espinosa begging policemen in cell no. 1, "Wag niyo naman akong planteran, wala akong baril at patalim."
He said one inmate, Dondon Palermo, allegedly heard Espinosa begging policemen in cell no. 1, "Wag niyo naman akong planteran, wala akong baril at patalim."
Laraga, for his part, said the mayor immediately shot at the policemen as they entered his cell.
Laraga, for his part, said the mayor immediately shot at the policemen as they entered his cell.
Two other detainees, meanwhile, said CIDG men ordered them out of the cell they shared with Raul Yap before he was killed.
Two other detainees, meanwhile, said CIDG men ordered them out of the cell they shared with Raul Yap before he was killed.
This is contrary to the claim of SPO4 Juanito Duerto that after hearing gunshots from Espinosa's cell, Yap took his firearm from under his bed, ran towards the latrine and opened fire on the search team.
This is contrary to the claim of SPO4 Juanito Duerto that after hearing gunshots from Espinosa's cell, Yap took his firearm from under his bed, ran towards the latrine and opened fire on the search team.
Obusan said a Scene of the Crime Operatives (SOCO) report said both hands of Mayor Espinosa and Yap "contained gunpowder nitrates", bolstering the theory that the inmates fired their guns.
Obusan said a Scene of the Crime Operatives (SOCO) report said both hands of Mayor Espinosa and Yap "contained gunpowder nitrates", bolstering the theory that the inmates fired their guns.
He added that Espinosa's caliber .38 and Yap's caliber .45 were both found positive for gunpowder residue.
He added that Espinosa's caliber .38 and Yap's caliber .45 were both found positive for gunpowder residue.
An independent civilian witness also documented discovery and confiscation of the evidence, Obusan said.
An independent civilian witness also documented discovery and confiscation of the evidence, Obusan said.
MISSING CCTV
A CCTV recorder and its two hard drives which could shed light on the whole operation have also gone missing.
A CCTV recorder and its two hard drives which could shed light on the whole operation have also gone missing.
According to Obusan, jail personnel said these only went missing after the search but CIDG-8's Marcos denied that policemen took devices, adding they did not even go the jail warden's office where the security recorder was placed.
According to Obusan, jail personnel said these only went missing after the search but CIDG-8's Marcos denied that policemen took devices, adding they did not even go the jail warden's office where the security recorder was placed.
Obusan said a jail logbook entry dated November 5 says the Network Video Recorder 16 Channels and its hard drive were under repair.
Obusan said a jail logbook entry dated November 5 says the Network Video Recorder 16 Channels and its hard drive were under repair.
The logbook, he said, is still subject for verification.
The logbook, he said, is still subject for verification.
DID CIDG PLANT EVIDENCE?
Obusan said that according to the CIDG-8, they also allegedly recovered a small packet of shabu from the mayor's cell, aside from the guns of Espinosa and Yap.
Obusan said that according to the CIDG-8, they also allegedly recovered a small packet of shabu from the mayor's cell, aside from the guns of Espinosa and Yap.
But Jail Warden Homobono Bardillon argued there were no drugs and guns inside the prison cell as jail authorities conducted regular inspection of the entire facility.
But Jail Warden Homobono Bardillon argued there were no drugs and guns inside the prison cell as jail authorities conducted regular inspection of the entire facility.
CIDG-Region 8 Director Marvin Marcos asserted that the evidence was not planted, Obusan recounted.
CIDG-Region 8 Director Marvin Marcos asserted that the evidence was not planted, Obusan recounted.
Obusan also said CIDG probers noticed a questionable entry in the jail's logbook of inspections. The "questionable" entry was placed right after the signatures of officers during a raid last October 30, 2016.
Obusan also said CIDG probers noticed a questionable entry in the jail's logbook of inspections. The "questionable" entry was placed right after the signatures of officers during a raid last October 30, 2016.
"We put a mark of 'questionable entry' in the logbook because of the placement of the remarks portion which should have been continuously written in the pages, but rather, it was written directly on the lower part of the signature," he said.
"We put a mark of 'questionable entry' in the logbook because of the placement of the remarks portion which should have been continuously written in the pages, but rather, it was written directly on the lower part of the signature," he said.
Before his death, Espinosa surrendered to authorities and was already in jail on drug charges.
Before his death, Espinosa surrendered to authorities and was already in jail on drug charges.
He was among the politicians linked by President Rodrigo Duterte to the illegal drug trade. He previously admitted that his son, Kerwin, was a narcotics trafficker in Eastern Visayas.
He was among the politicians linked by President Rodrigo Duterte to the illegal drug trade. He previously admitted that his son, Kerwin, was a narcotics trafficker in Eastern Visayas.
The mayor has named over 80 individuals who were allegedly in his son's payola.
The mayor has named over 80 individuals who were allegedly in his son's payola.
Obusan said the evidence and statements gathered by the CIDG have not yet been verified.
Obusan said the evidence and statements gathered by the CIDG have not yet been verified.
They terminated the investigation before it can be completed due to orders that the National Bureau of Investigation (NBI) and National Police Commission (Napolcom) will conduct their own parallel probe.
They terminated the investigation before it can be completed due to orders that the National Bureau of Investigation (NBI) and National Police Commission (Napolcom) will conduct their own parallel probe.
Obusan urged the NBI and Napolcom to use the CIDG findings in their investigation.
Obusan urged the NBI and Napolcom to use the CIDG findings in their investigation.
Watch a live stream of the Senate investigation into Espinosa's death here.
Watch a live stream of the Senate investigation into Espinosa's death here.
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