Friday, April 18, 2008 Batman slay suspect files motion for reconsideration By Rhodamae M. Hernandez
THE man pinpointed to as the suspect in the killing of broadcaster Fernando "Batman" Lintuan along R. Castillo street, Davao City, last December 24 has filed a motion for reconsideration to the murder charge.
Leonilo Larosa, in his motion, denied all the allegations in the resolution saying "the panel did not only deviate from the norms of identification but took the witness' identification of respondent at the NBI line-up hook, line and sinker oblivious of the rule the eyewitness evidence is inherently suspect."
The motion added: "The procedural lapse during the conduct of the NBI line up affects the credibility of the identification" and "the testimonies of other eye witnesses could not be disregarded for they are material to the matter of identification."
Records showed that the resolution was received by the lawyer of broadcaster Leonilo Larosa on April 9.
Department of Justice investigating panel, composed of chief prosecutor Raul B. Bendigo as the chairman along with prosecutors Retrina Fuentes and Emilio Dayanghirang, found probable cause to hold him for court trial based on the evidences presented by the National Bureau of Investigation (NBI) and a witness.
The resolution said the evidences showed that the respondent could have committed the offense charged and the positive identification of the witness under the custody of the National Bureau of Investigation South-Eastern Mindanao Regional Office added weight to the murder charge.
Lintuan was shot dead at close range as he stopped on the busy corner while driving his Volkswagen from his radio station.
Larosa was earlier charged with illegal possession of firearms after a search operation yielded Colt Mark IV series 80, a caliber .38 Super Pistol; four magazines; 32 rounds of caliber .38 ammunition; one magazine pouch; one outside gun holster; and one black clutch bag from his Pajero with plate number LME 239 as a subject of the search warrant issued by the RTC 11 executive judge Isaac Robillo.
Larosa is out on bail for the illegal possession of firearms charges.
