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Home Columns JGL Eye Michael Ray Aquino Homeward Bound Soon?
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Columns - JGL Eye
Written by Joseph G. Lariosa   
Friday, 27 March 2009 06:37

Michael Ray Aquino Homeward Bound Soon?

By JOSEPH G. LARIOSA

  

Dateline CHICAGO, Illinois (JGLi)

 

 

 D epending on his plans and his bottom line, Michael Ray B. Aquino can speed up or delay his forthcoming trial of the double murder of publicist Salvador “Bubby” Dacer and Dacer’s driver Emmanuel Corbito in the Philippines.

 

If he wants to spare his supporters, who are running for public office in 2010 presidential elections, the embarrassment of his association with them, Mr. Aquino should welcome supporters, who can chip in money to retain lawyers, who can delay his departure to the Philippines.

 

On the other hand, if Mr. Aquino wants to be done with his double murder case so that his associates running for office under cloud will no longer endure any stigma of his association with them before the 2010 presidential elections, then, he does not need to oppose any effort to deport or extradite him.  

 

 

The 42-year-old former Philippine police officer will have a decision to make on Tuesday, March 31, when he is resentenced in his spying case, according to his lawyer, Mark A. Berman.

 

 If he will not contest an impending extradition or deportation charge against him, his trial for the double-murder in the Philippines should pick up speed.  

 

This was shown in the case of former Manila Rep. Mark Jimenez, who did not contest his deportation after Jimenez served out his sentence. 

 

If Mr. Aquino gets a lawyer, that is, if he has money to burn like Philippine Undersecretary Jocelyn “Joc-Joc” I. Bolante, whose lawyers were able to employ every trick in the book just to delay his deportation, Mr. Aquino should be able to buy time, a good two years to be exact, before he could be finally deported.

 

 

 By that time, the 2010 presidential elections should be over and his case will no longer factor in that elections. 

 

TO WAIVE DEPORTATION/EXTRADITION?

 

On the other hand, if he waives his right to oppose his deportation and/or extradition, he should be well on his way to the Philippines in a couple of weeks, joining his colleague Cezar Ochoco Mancao in the Regional Trial Court room in Manila.  

 

 

While their other colleague, Glenn or Glane Galapon Dumlao will be staying behind, perhaps about a good four months, fighting his extradition.  

 

If Mr. Aquino is resentenced, it is very likely that he could be a free man if the U.S. government will not file extradition or deportation charges against him, which is very unlikely.  Aquino has now served more than 41 months and if he is resentenced within the range of 36 and 46, Mr. Berman believes Aquino “has essentially served out his sentence.”  

 

This possibility emerged after the United States Attorney’s office in New Jersey waived the government’s right to appeal the decision of the Court of Appeals for the Third Circuit in Philadelphia, Pennsylvania, vacating and remanding the 76 months imposed on him by Judge William H. Walls of the United States District Court of New Jersey in Newark.  

 

The low-end for the re-sentencing that can be imposed on Mr. Aquino for unauthorized possession and willful retention of two classified documents relating to national defense will come to 36 and 46 months imprisonment. 

 

If he is not extradited, Mr. Aquino will likely take the path of Representative Jimenez, who was held under continued detention called “INS detainer” after Mr. Jimenez served out his sentence in 2005.

 

  

INS DETAINER”

 

  A quino is going to be moved from Federal Bureau of Prisons in McRae Correctional Institution in Georgia to a separate facility under the Homeland Security.  

 

A “Detainer” is an order that places someone under detention without bail for immigration purposes while being processed for deportation from the United States.

 

Anybody, who is not a US citizen, who served out a sentence stemming from a felony charge, has been routinely deported under the Patriot Act passed by Congress following the 9/11 terrorist attacks.   

 

 

Aquino pleaded guilty to unauthorized possession and willful retention of two classified documents relating to national defense.  

 

If he is returned to the Philippines, Mr. Aquino is facing double murder charges along with 21 other policemen, mostly under his command.

 

 

One of his co-accused, Cezar Ochoco Mancao, will likely turn state witness if Mancao affirms the affidavit he signed last Feb. 13, 2009 in Fort Lauderdale, Florida.  

 

 

In that affidavit, Mr. Mancao detailed his participation and implicated Mr. Aquino, fellow police officer Glenn G. Dumlao, Senator Lacson and President Estrada as alleged conspirators in the Dacer-Corbito double murder.  

 

 

If convicted, Mr. Aquino and his co-accused could be jailed for 40 years to life. (lariosa_jos@sbcglobal.net) # # #  

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Last Updated on Friday, 27 March 2009 07:04
 

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