ANGELES CITY – The Public Attorney’s Office (PAO) here said yesterday suspected serial killer Mark Dizon – charged with the murder of nine, including three foreigners in this city in July last year – could yet be acquitted amid lack of hard evidence against him.
Lawyer Anselma Medina, one of Dizon’s legal counsels from the PAO, said that like in the multiple murder case, even the evidences of the prosecution on the theft charges against her client were also all “circumstantial”.
She noted that the prosecution even failed to produce the alleged tape taken by a closed circuit television (CCTV) when Dizon allegedly pawned cell phones and other personal items purportedly belonging to his victims.
“Once acquitted, Dizon would be free because the case could no longer be appealed under the principle of double jeopardy,” she said.
Irked by this development, Mayor Edgardo Pamintuan, who is also a lawyer, said he would be willing to take the witness stand to testify that he had seen the CCTV tape that showed Dizon pawning the personal items belonging to one set of Dizon’s victims.
In an earlier interview, prosecutor Allan Pasamonte had admitted that the evidences so far presented to Judge Philbert Iturralde of the Regional Trial Court (RTC) branch 58 here were indeed circumstantial. He said such evidences still had to be “woven” before any conviction could be expected.
Dizon is facing multiple murder and theft charges in connection with the murder of retired US Air Force MSgt. Albert Mitchell, 70, his wife Janet and their househelps Isabel Fajardo, Marissa Prado and Yulberto Catli in their home in Hensonville Court Subdivision in barangay Malabanias on July 22 last year.
Medina said it was only late last year that Dizon was also charged with the murder of South African national Geoffrey Allan Bennun, 60, and his live-in partner, Abegail Helina, 20, inside their house at Oasis Hotel and Villas in Clarkville Compound in barangay Anunas here on July 12.
Dizon was also charged with the murder of Briton James Bolton Porter, 51, and his live-in partner, Melissa Madarang, 22, in their house at 4-11A Nicolas street in Sta. Maria Subdivision in barangay Balibago here last July 16.
The theft charges stemmed from allegations that Dizon carted off laptops, cell phones and other personal belongings of the victims.
Pamintuan said that as a lawyer, he was aware that “ preponderance of even circumstantial evidences can pin down a suspect,” he said, noting that the items allegedly stolen by Dizon from the Mitchell household after the murders were personally turned over to him by the pawnshop owners, one of whom was his wedding godson.
This, even as Medina said that the trial of the case has virtually been suspended when Iturralde filed sick leave starting last Sept. 20 up to Jan. 20 this year.
Iturralde’s staff at the court said the Supreme Court approved the sick leave as Iturralde had to undergo surgery in Canada. It was only last December that the judge went under the knife, the staff member said.
Medina said that in the meantime, RTC Branch 59 has been attending to matters related to the case, except the presentation of any evidence which would resume only after Iturralde has returned.
Dizon was arrested in La Union by local police operatives, and later pleaded not guilty to the charges related to the murder of the Mitchells. He was not allowed bail.
In an earlier interview, Dizon expressed confidence he would be acquitted. “There is no evidence to link me to the crimes. The incidents occurred in subdivisions where sentries normally list down names of guests, and my name does not even appear in any of their log books,” Dizon said.
He noted that even the alleged close circuit television camera that was initially reported to have recorded his presence at the Clarkville Compound turned out to be non-existent.
Dizon said he had been reading legal books while in jail since his arrest in La Union last July 27, and that he found out that his rights were allegedly violated when he underwent “custodial investigation” despite lack of legal counsel.
“I know of a rape case which was dismissed because of that same reason and so I can not understand why the judge still accepted testimonies of witnesses and presentation of evidences despite this flaw,” said Dizon who spoke English well.
Lawyer Anselma Medina, one of Dizon’s legal counsels from the PAO, said that like in the multiple murder case, even the evidences of the prosecution on the theft charges against her client were also all “circumstantial”.
She noted that the prosecution even failed to produce the alleged tape taken by a closed circuit television (CCTV) when Dizon allegedly pawned cell phones and other personal items purportedly belonging to his victims.
“Once acquitted, Dizon would be free because the case could no longer be appealed under the principle of double jeopardy,” she said.
Irked by this development, Mayor Edgardo Pamintuan, who is also a lawyer, said he would be willing to take the witness stand to testify that he had seen the CCTV tape that showed Dizon pawning the personal items belonging to one set of Dizon’s victims.
In an earlier interview, prosecutor Allan Pasamonte had admitted that the evidences so far presented to Judge Philbert Iturralde of the Regional Trial Court (RTC) branch 58 here were indeed circumstantial. He said such evidences still had to be “woven” before any conviction could be expected.
Dizon is facing multiple murder and theft charges in connection with the murder of retired US Air Force MSgt. Albert Mitchell, 70, his wife Janet and their househelps Isabel Fajardo, Marissa Prado and Yulberto Catli in their home in Hensonville Court Subdivision in barangay Malabanias on July 22 last year.
Medina said it was only late last year that Dizon was also charged with the murder of South African national Geoffrey Allan Bennun, 60, and his live-in partner, Abegail Helina, 20, inside their house at Oasis Hotel and Villas in Clarkville Compound in barangay Anunas here on July 12.
Dizon was also charged with the murder of Briton James Bolton Porter, 51, and his live-in partner, Melissa Madarang, 22, in their house at 4-11A Nicolas street in Sta. Maria Subdivision in barangay Balibago here last July 16.
The theft charges stemmed from allegations that Dizon carted off laptops, cell phones and other personal belongings of the victims.
Pamintuan said that as a lawyer, he was aware that “ preponderance of even circumstantial evidences can pin down a suspect,” he said, noting that the items allegedly stolen by Dizon from the Mitchell household after the murders were personally turned over to him by the pawnshop owners, one of whom was his wedding godson.
This, even as Medina said that the trial of the case has virtually been suspended when Iturralde filed sick leave starting last Sept. 20 up to Jan. 20 this year.
Iturralde’s staff at the court said the Supreme Court approved the sick leave as Iturralde had to undergo surgery in Canada. It was only last December that the judge went under the knife, the staff member said.
Medina said that in the meantime, RTC Branch 59 has been attending to matters related to the case, except the presentation of any evidence which would resume only after Iturralde has returned.
Dizon was arrested in La Union by local police operatives, and later pleaded not guilty to the charges related to the murder of the Mitchells. He was not allowed bail.
In an earlier interview, Dizon expressed confidence he would be acquitted. “There is no evidence to link me to the crimes. The incidents occurred in subdivisions where sentries normally list down names of guests, and my name does not even appear in any of their log books,” Dizon said.
He noted that even the alleged close circuit television camera that was initially reported to have recorded his presence at the Clarkville Compound turned out to be non-existent.
Dizon said he had been reading legal books while in jail since his arrest in La Union last July 27, and that he found out that his rights were allegedly violated when he underwent “custodial investigation” despite lack of legal counsel.
“I know of a rape case which was dismissed because of that same reason and so I can not understand why the judge still accepted testimonies of witnesses and presentation of evidences despite this flaw,” said Dizon who spoke English well.
