PAO knocks mishandling of evidence in Kian's case

Trishia Billones, ABS-CBN News

Posted at Aug 28 2017 10:10 AM | Updated as of Aug 28 2017 12:13 PM

MANILA - The Public Attorney's Office on Monday slammed the mishandling of important evidence in the death of 11th grader Kian Delos Santos.

PAO Chief Atty. Persida Acosta said Scene of the Crime Operatives (SOCO) said they did not have the shirt Delos Santos wore when he was shot dead by police officers in a drug raid in Caloocan City two weeks ago.

"Yung polo shirt na blue na suot niya nung patayin siya, lagi niyang suot yun—nilalabhan, isasampay, isusuot. Paborito niya yun. Hinahanap namin, pero hindi namin alam bakit wala sa SOCO. Sila naman nag-autopsy doon," she told ANC's Headstart.

"Sa Senate, (ang sabi nila ay) di nila alam. Dapat yun sa punerarya na pinag-autopsy-han nila. Dapat nandun yun, evidence yun kasi nandun, kitang kita yung butas at dugo dun sa t-shirt sa likod," she said.

Acosta and Delos Santos' parents, Lorenza and Saldy, also noted that the 17-year-old was only wearing slippers in one foot and the other half of the pair was only delivered to them by one of their neighbors during his wake.

The slipper, said Saldy, may have dropped off Kian's foot while he was being dragged by the arresting police officers.

CCTV footage caught Delos Santos supposedly being dragged by two cops in plain clothes towards the place he was killed.

Witnesses said they saw the officers blindfold and beat the teenager before the shooting. They added that Delos Santos was killed even while he was already pleading for his life.

Witnesses also said they followed the cops and saw how they handed a gun to Delos Santos and instructed him to shoot then run.

Police have claimed the teenager caught on CCTV was not Kian but was a police asset.

Police also told the media that Delos Santos delivered drugs for his father and uncles.

Officers however told a Senate inquiry Thursday that they only learned about Delos Santos' drug links a day after the August 16 operation that killed him.

Acosta said their forensics examination found that there was no evidence that Delos Santos fired a gun.

"Based sa forensics namin, walang evidence na pumutok si Kian. Wala ring evidence na shooter siya, marunong bumaril. Marunong siyang magtinda lang dun sa tindahan ni Tatay saka mag-aral," she said.

"Paano niya gagamitin yung kaliwa eh ang dominant niya ay yung right niya, sabi ng mga teachers…Kung shooter ka kasi, tuturuan ka sa kaliwa kahit hindi dominant para pag ma-injure yung kanan, pwede mong iputok," she added.

Image from the crime scene shows the right-handed Kian Loyd delos Santos was holding a gun with his left hand when he was shot at by the police. Dominic Almelor, ABS-CBN News

"Talagang makikita mo yung mga konklusyon ay hindi tumutugma dun sa ebidensya na sinisigaw ang katotohanan at katarungan sa kasong ito."

The PAO forensic laboratory also found that Delos Santos sustained a gunshot wound to his back, to the back of his left ear, and one inside his left ear.

The location of the gunshot wounds to his ears showed that Delos Santos was on the ground when he was shot, the office said.

This was later contradicted by the PNP Crime Laboratory, which said Delos Santos sustained two gunshot wounds to the head, in his left ear.

In a Senate hearing, however, the two agencies agreed it was highly likely that Delos Santos was already down on the ground when he was shot dead.