Defense wants police investigator’s testimony stricken

Joseph Seman Epina, who has been charged with sexual abuse of a minor, wants the testimony of a Department of Public Safety officer stricken, accusing her of violating due process.

Assistant public defender Heather Zona, who represents Epina, wants the testimony of police sergeant Catherine Pangelinan stricken because of violations of the due process clauses of the Fifth and Fourteenth Amendment of the U.S. Constitution.

These clauses guarantee fairness for criminal defendants.

Pangelinan had been ordered not to speak to anyone about the case while it is pending but, at a hearing last April 24, Pangelinan admitted that she spoke to a colleague about the case, which led to a drastic change in her testimony.

Zona argued that Epina has been prejudiced by Pangelinan when she defied the order because, by changing her testimony drastically, it taints the integrity of the case.

“Mr. Epina has been prejudiced by Sgt. Pangelinan’s violation of the order because she changed her testimony substantially after being in contact with Lt. [Jeffrey] Olopai. Her testimony in the afternoon was influenced by her improper contact with Olopai and therefore is unreliable,” she said.

Zona said the proper remedy would be to strike all of Pangelinan’s testimony after her conversations with her colleague.

“The sanction of striking Ms. Pangelinan’s afternoon testimony is appropriate and particularized to the circumstances here, as it is the defendant who is prejudiced by Ms. Pangelinan’s actions. The sanction ensures the integrity of the case,” she said.

During the morning half of the hearing back in April 24, Pangelinan testified that she threw away her notes on the case because she was angry with the Office of the Attorney General’s previous prosecutor, Teri Tenorio, who had allegedly attacked her job performance. Pangelinan was later transferred from investigations unit to evidence custodian. Pangelinan said it was after her transfer that she threw out her notes on Epina’s case.

Soon after, the court called a lunch break but, before allowing her to leave, Pangelinan was ordered not to speak to anyone about her testimony.

After lunch, Pangelinan’s testimony allegedly changed drastically and, instead of throwing out her notes, she told the court that she left the notes in a box or filing cabinet and could not locate them.

Pangelinan also added that her notes were merely missing.

When asked whether she spoke with anyone during lunch, Pangelinan admitted she communicated with Olopai through WhatsApp and told him she was being questioned about her notes that she threw away.

The court was able to get a copy of the conversation where Pangelinan discussed the testimony and asked her colleague to verify whether officers were not allowed to throw their notes.