23 Aquino Death Suspects Ordered Jailed

A judge Friday ordered 23 soldiers charged in the murder of opposition leader Benigno Aquino jailed in a prison but allowed military chief Gen. Fabian Ver and two others to go free on bond.

Chief Justice Manuel Pamaran dismissed initial military requests to let the suspects remain in the custody of the air force and the presidential security command in the Manila city jail.

He ordered the 23 soldiers held at the maximum-security national penitentiary outside the capital.

He said police advised against housing them in the overcrowded city jail because “criminal elements” at the jail are determined to “assassinate a number of the accused . . . to gain greater notoriety.”

Asked at a news conference how soon the 23 soldiers would be jailed, Pamaran replied: “They cannot just be treated like animals being brought to a stockyard. We will see.”

The 23 included 17 named as principals and denied bail--including Brig. Gen. Luther Custodio, chief of the air force’s elite Aviation Command--and six soldiers indicted as accessories who did not post bail.

“All the accused are accounted for,” Pamaran said. “Once the trial has commenced it shall continue day to day until it is terminated.”

Arraignment was set for Feb. 1 for the 26 defendants indicted Wednesday by a special prosecutor in the Aug. 21, 1983, slaying of Aquino, President Ferdinand Marcos’ chief political foe.

Aquino was shot to death at Manila International Airport on his return from three years of self-imposed exile in the United States. He was under military escort when slain.

Rolando Galman--who the military claimed assassinated Aquino--was shot to death by soldiers seconds later, but prosecutors say he was a “fall guy” and that Aquino’s killer was one of the soldiers escorting the former senator.

Ver, 64, is accused of two counts of accessory to murder for allegedly trying to cover up the military’s involvement in the assassination. He has denied any involvement in the assassination.

He posted bail Friday and was allowed to go free along with Metropolitan Police commander Maj. Gen. Prospero Olivas and businessman Hermilio Gosuico, the sole civilian indicted.