Failon case: Bullet trajectory casts doubt on 'suicide try' angle

MANILA, Philippines – Investigators on Thursday said that the position of the bullet mark found in Ted Failon’s Quezon City residence casts doubt that on the claim that the broadcaster’s wife tried committing suicide. The bullet mark – discovered at the back of the toilet bowl in the bathroom where Failon’s wife was found – indicated that the bullet’s trajectory was downward, according to Superintendent Franklin Moises Mabanag, chief of the Criminal Investigation and Detection Unit of the Quezon City Police District. In most suicide cases, those who shoot themselves in the head would hold the gun in such way that the bullet slug would travel upward, not downward. In the case of Failon’s wife, Trinidad Etong, the slug entered through her left temple, exited through her right temple, and ricocheted to the toilet bowl, indicating a downward path of the bullet. Mabanag shared the observation on Thursday with reporters at Camp Karingal in Quezon City. When asked to go on air for a radio interview, Mabanag reportedly declined, saying that the QCPD director, Senior Superintendent Elmo San Diego, was the one with the authority to talk about the Failon shooting incident. The trajectory would seem to jibe with an earlier finding by investigators that the wound on Trinidad’s head showed a smudging that suggested that the shooting was not done with the gun muzzle touching the temple. The bullet mark was found in the bathroom on the second floor of the Etong residence only on the second day of investigation, when investigators went back to the house to gather more evidence. "Nagkaroon ng duda ang mga SOCO [Scene of the Crime Operations] natin na hindi iyon ang pinangyarihan, so bumalik sila. Sinuwerte naman at nakita naman ang hinahanap nila," San Diego said in another radio interview. "At least this time its definite na iyon ang area of incident. Very specific kami na doon talaga nangyari iyon." ["SOCO doubted that the shooting happened there in the bathroom. Fortunately, they found what they were looking for. At least, this time it's definite that it was the area of incident. We're very specific that was really where it happened."] Not yet established But San Diego clarified that despite the latest findings the police could not yet establish whether someone else shot Trinidad. "Hindi pa natin ma-reconstruct iyong scene dahil sa ginawa nilang paglilinis [We still cannot entirely reconstruct the scene because of the cleanup]," San Diego said. The police official was referring to Failon’s driver and housemaids’ cleaning up the bloody mess produced by the shooting. Police said four members of the Failon household and even Failon himself could be charged with violation of Presidential Decree 1829, or obstruction of justice. The housemaids and the driver said they cleaned up Failon’s vehicle and bathroom on their own volition for fear that Failon’s young daughter might see her mother's blood. "Tama siguro ang kasambahay na wala silang malisya. Tama iyon. Pero ignorance of the law excuses no one," San Diego said. "May problema pa rin iyon. Kasi sabi ng batas hindi mo galawin. You have to preserve the integrity of the scene of incidents for purposes of further investigation." ["Maybe the helpers are right in saying that they had no malice. But ignorance of the law excuses no one. The problem remains. You can't do that. You have to preserve the integrity of the scene of incidents for purposes of further investigation."] Police said Failon could have obstructed justice for failing to report the shooting incident to police. Medical doctors at the New Era General Hospital – where Trinidad was rushed – were the ones who alerted police about the incident. "He [Failon] has to answer for that fact. Bakit hindi niya ini-report? Dahil sa batas, kapag may nangyaring ganito at dinala mo sa ospital dapat ire-report mo iyan," San Diego said. ["He has to answer for that fact. Why didn't he report it? Under the law, when something like this happens and you bring a victim to a hospital you have to report it."] Failon tested negative for gunpowder burns. Paraffin test results for the other household members have yet to be released. The QCPD-CIDU will also conduct a paraffin test on Trinidad. DOJ, PAO The Justice Department said it wanted to make sure that Failon would not leave the country during the course of the investigation. Justice Secretary Raul Gonzalez has already instructed the Bureau of Immigration to place Failon on its watch list. Once Failon is on the watch list, the BI is required to inform the Justice Department if ever the broadcaster expresses to the BI an intention to fly out of the Philippines. The DOJ has also ordered the Public Attorney’s Office (PAO) to refrain from involving itself in the case, adding that the PAO should only be helping disadvantaged and indigent individuals. PAO chief Persida Rueda-Acosta said she was not lawyering for Failon but was merely extending "temporary assistance," an act which she said the PAO was free to do during custodial investigations. Another government agency stepping into the shooting incident is the National Bureau of Investigation (NBI). Acting on orders from the DOJ, the NBI will conduct a parallel investigation on the incident. San Diego welcomed the NBI’s assistance in the case, saying that the QCPD and the NBI probes would be "complementary" to each other. - Mark Merueñas, GMANews.TV