CIDG men deny conspiracy in Espinosa slay
Members of the Criminal Investigation and Detection Group (CIDG) team involved in the killing of Albuera mayor Rolando Espinosa and fellow inmate Raul Yap in November last year have denied the charges filed against them before the Department of Justice (DOJ).
The 22 CIDG operatives, led by Supt. Marvin Marcos, appeared before the investigating panel of prosecutors in a preliminary hearing yesterday. Each submitted a counter-affidavit to charges of multiple murder and perjury, denying that they conspired to kill Espinosa and Yap.
They insisted on their claim of defending themselves from the two who allegedly fired first before they could serve a warrant at dawn of Nov. 5 inside the Baybay City sub-provincial jail.
Defense lawyer Roland Inting told reporters after the hearing that they asked the DOJ to dismiss the complaint due to a failure to establish conspiracy.
“Conspiracy has to be proven with the same evidences as what they say about the alleged murder. They have not come up with evidence. All the respondents have filed their respective affidavits telling the panel what they were doing on the 5th of November 2016 to prove that there was really no conspiracy,” Inting said.
The lawyer stressed that apart from the lack of evidence, the NBI complaint was full of factual errors as it included names of policemen with wrong designations or were on leave during the time of the incident.
He specifically cited the baseless charges against PO1s Divine Grace Songalia and Jane Gisma, who did not participate in the operation; and PO2 Niel Patrimonio Centino, who was apparently absent without official leave more than a month before the operation.
Espinosa’s son, alleged drug lord Kerwin Espinosa, appeared at the hearing and filed his own complaint against the CIDG men who allegedly killed his father.
His lawyer Lailani Villarino explained that Kerwin’s complaint is similar to that of the NBI. It made Kerwin a private complainant in the case.
The panel has set the next hearing on Feb. 2. The NBI filed the complaint with the DOJ last Dec. 2.
Citing testimonial and forensic evidence, the NBI argued that Espinosa and Yap were killed in a rubout and not in a shootout as claimed by the policemen who conducted the raid.