OAG’s motion to add charge vs ex-Rota mayor denied

Superior Court Associate Judge Joseph N. Camacho has denied the government’s motion to add a charge of possession or removal of government property against former Rota mayor Melchor A Mendiola and four other former Rota municipal employees.

In an order on Friday, Camacho also ruled that the trial of Mendiola and co-defendants Stacey Atalig, Tina Atalig, Alfred Apatang, and Bernard Apatang will proceed on Rota on Jan. 25, 2016.

Camacho said that adding another offense that would require a different defense strategy so close to trial prejudices the defendants.

“The jury trial is two weeks away, and it would be unrealistic to expect the defendants to shift gears and adequately prepare for an additional charge this close to trial,” the judge said.

Camacho said since this trial will be conducted on Rota, there are many considerations to take into account when deciding whether to continue a jury trial, especially since attorneys, witnesses, and court staff must fly down to Rota and secure accommodation for the duration of the trial.

Camacho has already blocked off two weeks on his calendar to accommodate the trial.

“Because this jurisdiction is remote and spread out across separate islands, conducting a jury trial outside of Saipan requires extra preparation, including flying marshals to Rota to serve jury summons,” Camacho said.

The judge said since this is a high-profile case involving the former Rota mayor, additional preparations have already been undertaken.

Jury summons for the entire Rota jury pool were already issued. Marshals and probation officers made many trips to Rota to serve the jury summons.

Camacho said since one of the defendants is a former mayor, the departments of Public Safety and Corrections are both sending officers from Saipan to Rota to assist with crowd control and securing the Rota courthouse.

Postponing the trial would place a heavy logistical and financial burden on the court and the parties, he said.

The jury trial was initially set for Nov. 2, 2015, but the parties later agreed to move the trial to Jan. 25, 2016.

Mendiola, Alfred Apatang, Bernard Apatang, Stacey Atalig, and Tina Atalig are charged with theft.

According to the first amended information, Mendiola unlawfully took nine picnic tables belonging to the Rota Mayor’s Office on and between September 2014 and Feb. 26, 2015 on Rota.

The former mayor voluntarily surrendered to the Department of Corrections last May 19 and was served with the arrest warrant. He posted $10,000 cash bail. He pleaded not guilty.

The first amended information also charged with theft Alfred Apatang, Bernard Apatang, Stacey Ann M. Atalig, and Tina M. Atalig.

Alfred Apatang is the former field supervisor of then-Mayor Mendiola. He allegedly stole one Toshiba Satellite laptop valued at $975 belonging to Rota Mayor’s Office between September 2014 and Feb. 27, 2015 on Rota.

Bernard Apatang allegedly stole a Toshiba Satellite laptop worth $975 belonging to Rota Office of Finance between September 2014 and Feb. 27, 2015 on Rota.

Stacey Ann Atalig allegedly stole a Toshiba Tecra laptop valued at $2,049 belonging to Rota Office of Finance between September 2014 and March 2015 on Rota. She is a former Rota Finance resident director.

Tina Atalig allegedly stole a Toshiba Satellite laptop worth over $250 and less than $20,000 belonging to Rota Mayor’s Office between September 2014 and Feb. 26, 2015 on Rota. She is former secretary of then-mayor Mendiola.

OPA-Task Force officer JB K. Cepeda stated in his report that they initiated the investigation after receiving a letter from Rota Mayor Efrain M. Atalig, requesting assistance to investigate into Mendiola’s questionable transactions.

Cepeda said Mayor Atalig apparently discovered that government properties such as computer laptops, folding tables, typewriter and other items were unaccounted for or missing.

Last July 28, Camacho acquitted former Rota Procurement officer Rowena Barcinas and her husband, retired police officer Andrew Barcinas, of all four charges in connection with the alleged stealing of a government’s vehicle.