Mark Torre, Jr. attorney's Jay Arriola asked in court documents, "What is the court hiding?" in his opposition to the court of Guam's motions to quash the subpoena.

In the second try of the case, Torre faces charges of negligent homicide and aggravated assault for the 2015 fatal shooting of fellow police officer Elbert Piolo.

 The defense served the Superior Court of Guam clerk Danielle Rosete and the custodian of records, as they seek testimony from Rosete on the following: her receipt from a Jan. 8, 2020 memo, her statements to counsel on Jan. 9, 2020, her email to all judges with a deputy clerk cc'd on Jan. 23 and the assignment and reassignment of the case to another judge.

According to court documents, Arriola argued the motion to quash is meritless and should be denied without a hearing, stating that they subpoenas are not unreasonable or oppressive and would not provide a burden. He further argued "the defendant is not asking Ms. Rosete to testify in every criminal case about every document she handles. The defendant seeks testimony about her statements, actions and communications relates to this matter."

As we've reported, at the last hearing Arriola stated the filed a Freedom of Information Act request that was denied and then issued the subpoena. This is information the defense plans to use in arguments on their pending motion for dismissal with prejudice, on a basis that his client's right to a speedy trial has been violated.

Torre's next court appearance was scheduled for February 28th.