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#JusticeforKian : Follow the trajectory of the bullets — gun to skull to wall — preserve the crime scene and the physical evidence, rely on independent legal team
Based on news reports and the “explainer” of ABC 5 News anchor Ed Lingao: The re-autopsy and the crime scene investigation showed that the three bullets that pierced Kian de los Santos’s skull and lungs exited through and through, then hit the wall beside him at a height of 5 to 10 inches from the ground.
The only explanation, the one and only physical explanation, why the bullets hit the wall at such level, is that Kian’s head and back were about 5 to 10 inches from the ground when he was being gunned down: One bullet hit him behind his left ear; another bullet hit him inside his left ear apparently at close range; and the third bullet punctured his back and went through his lungs. Two bullets exited and perforated the wall beside him through and through.
There is no other explanation for this trajectory of the bullets but that Kian de los Santos was slumped on his knees, or his knees and elbows, or his stomach, 5 or 10 inches from the ground, when he was shot to death.
The only way that the nanlaban theory of the PNP (“nanlaban” or resisted arrest) could work with such physical and object evidence is:
First: If Kian de los Santos possessed telekinesis and could move objects while slumped on the ground, then you can be sure that he would have been capable of “manlaban” or to resist arrest in this position while being gunned down;
Second: If Kian de los Santos had the ability to temporarily project his astral body from his temporal body while slumped on the ground and, using his astral body, used expert karate blows on the three armed policemen.
The physical and object evidence belie the testimonial evidence (testimony of nanlaban) , and can only be reconciled with the nanlaban theory if accompanied by a telekinesis theory or an astral projection theory.
(you can see the cross here, right? — an independent lawyer would have a field day).
The Supreme Court has ruled that physical and object evidence is the most eloquent expression of the truth, more than, and over and above, any testimonial evidence and other kinds of evidence; that on many occasions the Court has relied mainly on physical evidence to reconstruct events and determine what actually happened; and that where the physical evidence runs counter to testimonial evidence (i.e., in this case, runs counter to the say-so and nanlaban testimony of the police), the physical evidence will prevail (BPI vs. Reyes, GR no. 157177, Feb. 11, 2008).
Just a word of caution: There is a need to preserve and document the physical evidence and the crime scene, and to rely on independent investigators and lawyers.
The PAO legal and forensics team which volunteered to conduct the re-autopsy should be commended. They did good work yesterday.
(i’m just curious that in 2007, the same PAO legal and forensics team tried to invert the well-established and proven case that Ninoy Aquino had been murdered by the Avsecom escort team on the airplane stairway – by foisting the theory that “Galman shot Ninoy on the tarmac” – with well-financed “forensic reenactments” supposedly explaining the downward theory of the bullet with the supposition that Ninoy was looking up, up, at the sky while walking on the tarmac and Galman (who was shorter than Ninoy Aquino in height) came from nowhere and shot him. Well, from the point of view of lawyering, this is creative case theorizing … But … take that into account, okay?)
Don’t force Risa Hontiveros and other parties to surrender the eyewitnesses to the PAO or to the DOJ : Be cautious. Take into account that the PNP Caloocan raid and shooting was part of Operation Double Barrel Reloaded, that the orders came from an office higher than PNP-Caloocan, and that the stakes are higher than you think.
(see published article embedded below)
“New book calls for reinvestigation of Aquino-Galman case posted on November 18, 2009
Photo by: Noel B. Orsal rightlicked from said site used here non-commercially for academic purposes.
Caption: “Panelists (from left) Dr. Anastacio Rosete Jr., Public Attorney’s Office Chief Atty. Persida Acosta, The Manila Times President Dante “Klink” Ang II, and Atty. Erwin Erfe aim to revitalize public discussion on the assassination of former Senator Benigno “Ninoy” Aquino through the book Death on the Tarmac: Forensic Analysis of the Assassination of Senator Benigno Aquino, Jr. (inset).
” “Sadyang maraming naghihintay ng librong ito. Ngayon, malayang matutunghayan ng sambayanan ang hiwaga at lihim ng pagpatay kay Senator Ninoy Aquino.”
This was the statement of Atty. Percida Acosta, chief of the Public Attorney’s Office (PAO), during the book launch of Death on the Tarmac: Forensic Analysis of the Assassination of Senator Benigno Aquino, Jr., last October 27 in Cravings Restaurant, T. Morato Ave., Quezon City.
“The murder of the former opposition lawmaker on August 21, 1983 sparked the “People Power” revolution that ousted then President Ferdinand Marcos. And while the Aquino-Galman double murder case had already been resolved by the courts in 1985, many Filipinos still believe that the verdict—that those guilty of the crime were the 25 military personnel who served as Aquino’s bodyguards on the plane—shies away from the truth.
“Present at the event were authors Prof. Jerome B. Bailen, Dr. Anastacio N. Rosete Jr., and Dr. Erwin P. Erfe. Dr. Benito E. Molino, the book’s fourth author, was absent.
“Atty. Acosta and Dante “Klink” Ang II, president of The Manila Times, sat in the panel.
“Also present were Fr. Robert Reyes, a Catholic priest known for his social and political activism, and the convicted soldiers who were recently granted executive clemency.
“Published by The Manila Times, the book concludes that Rolando Galman, who was shot to death by airport personnel immediately after Ninoy’s death, was the real culprit. The forensic investigators used techniques, like the study of bullet trajectory and the murder weapon, to reach their own verdict.
“The Marcos government first claimed that “Communist hitman” Rolando Galman shot Aquino. But on October 23, 1984, a fact-finding commission concluded after studying 20,000 pages of testimony taken from 193 witnesses that the assassination was a conspiracy of the military.
Several generals and colonels, the 25 military personnel, and one civilian were later charged for the murder of Senator Aquino. But after a brief trial, the Sandiganbayan acquitted all the accused on December 2, 1985.
“When Marcos was ousted in 1986, the military personnel were again charged with the same crime.They were later found guilty and were sentenced to life imprisonment at National Bilibid Prison. Some of the convicted soldiers died during incarceration; the others were granted conditional pardon by President Gloria Macapagal-Arroyo last March.
“Two years ago, former Air Force Master Sergeant Pablo Martinez, one of the convicted soldiers, was first Two years ago, former Air Force Master Sergeant Pablo Martinez, one of the convicted soldiers, was first granted the pardon by Arroyo for “humanitarian reasons.” Martinez was 70 years old.
“Members of the Aquino family slammed the release of Martinez from prison. Sen. Noynoy Aquino, now a presidential aspirant, said the pardon might be “politically-motivated,” since his mother, former President Cory Aquino, was asking for Arroyo’s resignation.
“CONTROVERSIAL. According to the authors of the book, the aim of the investigation was to find out who really pulled the trigger. Atty. Acosta said she asked the forensic analysts to conduct the investigation so that the court case can be opened.
” “I asked these forensic experts to make a study, which later on became instrumental in the reopening of the Aquino-Galman case. That study, which lasted for about three months of almost sleepless nights, metamorphosed into a book,” she said.
“The chief public attorney added that another investigation should prove the “innocence” of the convicted solders. Even if they were already granted pardon, they are still tagged as criminals, she added.
” “Sana ang aklat na ito ay maging instrumento upang katukin ang Sandiganbayan, ang Korte Suprema, maging ang Malacañang upang mapawalang-sala ang mga taong walang kinalaman sa pagkakapatay ni Ninoy,” Acosta said.
“The lawyer also challenged Sen. Aquino to include in his platform for government the reinvestigation of the killing, noting that the Aquino family always protests any move to open the already resolved case.
“For his part, Ang explained that The Manila Times published the book because of their commitment “to the pursuit of truth.” Last October 29, Ang’s newspaper published an editorial that disagreed with the findings presented by the forensic investigators. The newspaper’s primary aim, it said, was “to provoke a debate, or at least a new round of discussions.”
” “We hope also that the book would trigger the reopening of a new and more thorough investigation and search for leads to the mastermind,” the editorial added.”