The officers testified that Agababa seemed eager to produce an alibi even before he was considered a suspect.
Guam – Day two in the murder re-trial of Allan Agababa began with testimonies from two Guam Police Department Officers who were first on the scene the night of Agababa’s mother’s death.
In court, two pictures were painted of Allan Agababa, one of him as a suspect in the death of his mother and the other of him as a concerned son and victim of circumstance.
The defense began with continued cross examination of Guam Police Department officer Tu Antonio, and his experience with opiate overdose.
Shelly Bernstein was a sickly woman prior to her death and suffered from joint pain which is why she was prescribed fentanyl patches. These patches were found on her body and as theorized by the defense, a drug overdose could have been the root of Bernstein’s death.
“Are you trained about how to identify and deal with people who are dying from opiate or opiod overdose,” questioned Van de Veld.
Officer Antonio responded “No.”
Van de Veld further questioned, “When you observed [the medics], they didn’t check for any breath isn’t that correct?”
“I know they checked for pulse,” responded Officer Antonio.
“Sometimes pulses are shallow, don’t you know that,” stated Van de Veld.
Antoni’s response, “Well, I do, yes.”
Van de Veld also went into detail regarding Antonio’s hand drawn diagram versus the computer-generated diagram of Bernstein’s home before laying on the floor to demonstrate the position of Bernstein’s body based on Officer Antonio’s testimony.
Meanwhile, the prosecution focused on the crime scene and graphic images of a bloodied Shelly Bernstein. In an attempt to debunk Agababa’s claim that his mother’s home was broken into and robbed, like Officer Antonio, Officer Bert Carbillido stated that the home did not appear to have any evidence of a break in or robbery.
In testimony, Carbillido further recollected a statement by Agababa which raised some flags.
“He responded to me by saying that he was visiting for Thailand and then at about 10:30 in the evening the night of August 12, he left the apartment using his mother’s vehicle and then he went to east Agana Mobil to purchase cigarettes and out of nowhere he just pulls a receipt out of his pocket saying, ‘look, I have my receipt right here. Look at the time I was there,'” testified Officer Carbillido.
Carbillido stated that it was this voluntary information that made Agababa appear suspicious, as if Agababa was giving a timeline and alibi.
However, according to both officers’ testimony, they did not refer to Agababa as a suspect, as Van de Veld contends the term “suspect” in reference to Agababa was not used until legal counsel for the prosecution met with the officers and during Agababa’s first trial.