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Court convicts suspect in
radioman's death try

ACCUSED John Lloyd Ortiz (center)
consults his lawyers Haidee Acuña (right), and
Rolando
Quimbo (left) after he was convicted of frustrated murder
for the shooting of broadcaster Choy
Torralba (left photo) in 2004. CDN Foto
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The
man accused of shooting a Boholano broadcaster based in Cebu
in 2004, an offshoot of a love triangle, was convicted of
frustrated murder charges yesterday.John Lloyd Ortiz was found
guilty of shooting and wounding Cirse "Choy" Torralba.
Torralba
is a native of this city who was prominently seen with the
camp of Senator Loren Legarda in the last election.
Ortiz was sentenced to a jail term of eight years to 12 years
and to pay damages of P161,214.
His
lawyers said they would appeal the decision of Regional Trial
Court Judge Estela Alm Singco of Branch 12.
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Torralba
was shot in the left shoulder while he was in his car
on June 8, 2004. He had just finished his radio program
at Angel Radio Station at the ground floor of Vacation
Hotel in Juana Osmeña Street, Cebu City when
he was attacked.
Torralba
told Cebu Daily News after the promulgation Monday he
was confident he would win the case especially with
the positive identification of Ortiz as the gunman through
his account and those of two other witnesses.
"I'm
very thankful to the judge for the justice that was
rendered," said Torralba.
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Torralba
also said he plans to file a disbarment case against Ortiz's
lawyer, Haide Acuña, for inappropriate conduct.
Torralba said that when he was still recuperating in the hospital,
Acuña visited him and asked who his witnesses were.
He
said he didn't know at that time that Acuña was Ortiz's
lawyer.
Asked
for comment later, Acuña said: "Let him do what
he wants."
Ortiz
earlier pleaded not guilty to the crime. He declined to comment
when the adverse decision came out.
In
her decision, Judge Singco gave weight to the positive identification
of Torralba and his driver Randy Libradilla who pointed to
Ortiz as the assailant.
The
prosecution pointed out that Ortiz was extremely jealous of
Torralba since the accused believed that the broadcaster and
Ortiz's girlfriend were having a relationship.
The
court also considered the presence of gunpowder nitrates in
both hands of Ortiz.
The
court clarified that even without the paraffin test, the positive
identification by prosecution witnesses of Ortiz as the assailant
was more than enough to convict him.
The
court said Ortiz's alibi and denial were insufficient as a
defense to prevail over the prosecution's evidence of positive
identification. (CDN)
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