Mancao, Dumlao extradition may be delayed by 60 days

CHICAGO, Illinois – The wheels of justice may have to stop turning for slain publicist Salvador "Bubby" Dacer and driver Emmanuel Corbito for as long as 60 days. That's the time the US District Court in New Jersey gave Cezar Mancao II and Glenn Dumlao – key figures in the double murder case – to appear as witnesses in the extradition hearing of Michael Ray Aquino. The decision, made on March 26 (March 27 in Manila) by Magistrate Judge Esther Salas, who is presiding over the Aquino case, disappointed Mancao's lawyer, Arnedo Valera. "There is no legal basis for the delay of the extradition of Cezar Mancao," Valera said in an interview on Saturday. Aquino, Mancao, and Dumlao – all former police officers – are all subject to extradition to the Philippines to answer for the Dacer-Corbito double murder, which happened in November 2000. Both Dumlao and Mancao welcome their pending extradition. In fact, they signed affidavits incriminating themselves and implicating Aquino and their former superiors, Sen. Panfilo Lacson and former President Joseph Estrada. At the time of the killings, Lacson was the Philippine National Police (PNP) chief under Estrada. He was also chief of the Presidential Anti-Organized Crime Task Force (now defunct), where Mancao, Dumlao, and Aquino served under him. Lacson was accused of ordering the killings because Dacer opposed his appointment as PNP chief – an accusation he has repeatedly denied. On the other hand, Aquino has been fighting against extradition. As his lawyer, Mark Berman, said: "The government’s case against Aquino rested completely on the tainted statements of these two individuals [Dumlao and Mancao]. Their truthful testimony under oath in court would obliterate the government’s extradition case." He added: "Aquino intends to contest extradition and to call these two witnesses in his defense, as allowed by 18 USC [United States Code] Section 3191." Though Mancao wants no further delay in his extradition, Valera thinks of his client's testifying in the Aquino case as a chance to clear things up. "All those implicated or named will have their day in court to confront him [Aquino]," Valera said. "If they are truly innocent, then let the wheels of justice begin. This should not be delayed any longer." Writs issued The "Emergent Petition for Writs of Habeas Corpus Ad Testificandum" on Mancao and Dumlao" was filed by Aquino's lawyer, Berman. In granting the petition, Judge Salas ordered the US officials to take Mancao and Dumlao to the US District Court in Newark within 60 days to testify in the Aquino extradition case. The writ for Mancao was issued to the warden of the Federal Detention Center in Miami, Florida – where he used to be detained – and the US Marshal Service in Newark. The writ for Dumlao was issued to James T. Hayes, director of the Office of Detention and Removal of the Immigration & Customs Enforcement, the Warden of the US Bureau of Prisons and US Marshal’s Service in Newark. In his petition, Berman said Dumlao was listed an "in transit" but was "believed to be in a facility in California." No political motives On Saturday, Valera stressed that his client, Mancao, had no political motives in wanting to come home to shed light on the Dacer-Corbito case. "As far as Col. Cesar Mancao is concerned with the support of Maricar [wife], he is ready to be a state witness and reveal everything he knows about the Dacer-Corbito double murder case," Valera said. "I have received letters, requesting for me to delay this. I will stand by my principle. I am not going to be a part of this. Truth and Justice are basic to me. "Beyond material wealth, this is what every human being should hold: The pursuit of truth and justice should be the calling of every Filipino and all our political leaders." Valera also urged Filipino government official to refrain from using the case for political ends, saying: "As far as the Philippine Government is concerned, if they are simply using the Mancao case as a political propaganda, I strongly urged them not to do this because again truth may be sacrificed and justice not served. "This is an opportunity for our political leadership to show what governance and accountability is all about. "To all our Senators, Congressmen and local elected officials, they have to make a stand for truth and justice no matter what political affiliation they belong. Our nation's integrity is again at stake. This is one of those opportunities to show to the world that we, Filipinos, truly care for truth and justice no matter what the cost is. "Cezar made a conscious decision to reveal the truth not only for his peace of mind, for his family especially Maricar and their children who wanted to live a normal life, but also to be at peace with his faith and his God, and we should welcome this." Aquino doubts Mancao statement But in his petition to the US, Berman cast doubt on the validity of Mancao's statement implicating his client, Aquino, saying: "As the Philippines’ extradition notes, Aquino was not initially included in the Philippines murder prosecution. He was later added as a defendant only after he was implicated by Dumlao in a sworn statement. "That statement – which was obtained from Dumlao under physical and mental duress and coercion while he was in the Philippine National Police custody – was the sole basis for the charges filed against Aquino in the Philippines." When Dumlao was released from custody, Berman said, Dumlao executed a second affidavit recanting the first affidavit, saying that was was obtained by means of "threats, intimidation, and physical force." Berman added that the US Attorney’s Office had several meetings with Dumlao, during which "he was pressured to recant his recantation and provide the government with a third affidavit containing statements akin to those that had been forcefully elicited from him by agents of the administration of Philippines President Gloria Arroyo." According to Berman, the third affidavit described Dumlao’s fear at being "tortured and abused by the Arroyo Administration." He added that Mancao’s statement on March 2007, recounting statements alleged to have been made by Aquino at a Las Vegas hotel in August, 2001 was obtained "under similar threats of prosecution and deportation." - GMANews.TV