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Quichocho named defense for ex-cop in fruit bat case appeal
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Posted on Oct 29 2011
By Ferdie de la Torre
Reporter
Reporter
U.S. District Court for the NMI Chief Judge Ramona V. Manglona appointed attorney Ramon Quichocho yesterday to represent retired police lieutenant Adrian Atalig Mendiola in his appeal to the U.S. Court of Appeals for the Ninth Circuit to reverse his conviction in the poaching case of Mariana fruit bats on Rota.
Manglona issued Quichocho’s appointment after the Ninth Circuit gave an order to appoint a lawyer for Mendiola in his appeal.
The Ninth Circuit notified the U.S. District Court for the NMI that the appointing authority (Manglona) may wish to consider Quichocho, who represented Mendiola in the district court and is willing to accept the appellate appointment.
Mendiola had informed the Ninth Circuit that he can’t afford to hire an attorney to represent him in his appeal.
On Oct. 14, 2011, the district court granted Mendiola’s application to proceed with his appeal without the prepayment fees.
The district court earlier granted Quichocho’s request to withdraw as the court-appointed counsel in Mendiola’s case.
In May 2011, the jury found Mendiola guilty of unlawful possession of a threatened wildlife, but not guilty of unlawful receipt or acquisition of a threatened wildlife.
On Sept. 27, Manglona sentenced Mendiola to 90 days in jail. She allowed Mendiola to self-report to the U.S. Marshals so he could start serving his sentence.
In his appeal, Mendiola raised three legal issues: whether there was sufficient evidence that the “freezer bats” were of the subspecies Pterupus marianus mariannus; whether there was sufficient evidence that the “freezer bats” were taken on or after Feb. 7, 2005, when the federal regulations criminalizing the possession of Pteropus mariannus mariannus became final; and whether the trial court abused its discretion when it gave an allegedly erroneous supplemental jury instruction during the jury’s deliberation.
