‘Harbored child’ takes witness stand

The alleged illegal alien Chinese girl, who was allegedly harbored along with her uncle in exchange for money by Francisco Muna Tydingco and Lili Zhang Tydingco, took the witness stand yesterday in federal court.

As this developed, after the U.S. government rested its case yesterday, assistant U.S. attorney Russell H. Lorfing moved to dismiss count two of the indictment charging each Francisco and Lili Tydingco with harboring illegal alien with respect to the girl’s uncle, Rongxue Liu.

U.S. District Court for the NMI Chief Judge Ramona V. Manglona granted the motion to dismiss count 2. Manglona, however, denied the defendants’ motion for judgment of acquittal as to the remaining count 1 charging each defendant with harboring illegal alien with respect to the girl.

The jurors are expected to commence their deliberations this morning, Friday, after the parties completed yesterday their closing arguments.

The 13-year-old girl, through an interpreter, testified that she first met the Tydingco couple in China in 2013. She said her parents’ wish was that she could study in the U.S. or on Saipan and obtain an immigration status.

The girl said it’s not her wish to study on Saipan or in the U.S. She stated that she thinks that her parents knew some people on Saipan through the Internet. She said she came to Saipan with the Tydingcos in September 2013.

The girl recalled she was excited in coming to Saipan. She said at the time she couldn’t talk English and that it was Lili Tydingo who talked with a uniformed officer at the airport.

The girl said she missed China and told Lili Tydingco that she was homesick when they arrived at their house. She said Lili Tydingco told her she will go home soon.

She said she probably lived in the Tydingcos’ house for over a year.

The girl said she left the Tydingcos’ house when Benelyn Mettao came and took her.

Mettao is an employee of the Division of Youth Services who went to the residence of the Tydingcos in Dandan and physically removed the girl on Feb. 19, 2015, according to the prosecution.

Asked by assistant U.S. attorney Lorfing if she knew Liu, the girl said he is her uncle and that she and Francisco Tydingco and his son picked him up at the airport.

She said her uncle Liu then stayed with her in her room at the Tydingcos’ residence. She said she first studied as a 3rd grade student at Dandan Elementary School.

She said at first Francisco Tydingco was taking her to school then later she was taking the bus.

She recalled that one time, police officers went to the Tydingcos’ house, but Lili Tydingco told her to stay in her room.

The girl also testified that one time Lili Tydingco showed her a bank debit card and asked her to take a picture of it and send it to her mother in China. She said she sent the photo to her mother upon Lili Tydingco’s instruction.

Asked why she has to send the photo of the debit card, the girl said she believes that her mother was trying to send money to Lili Tydingco.

The girl, however, stated she did not hear the Tydingcos complain about money.

Defense attorney Steven Pixley, counsel for Francisco Tydingco, asked the girl if his client was speaking to her in Chinese, to which she replied “no.” Pixley did not ask other question.

Attorney Bruce Berline, counsel for Lili Tydingco, did not ask the girl.

Lorfing, in re-direct examination, asked the girl if she was speaking in English when she left the Tydingcos’ house, to which she replied “yes.”

After her testimony, the girl smiled, got down from the witness stand, walked, and ran to hug a female lawyer, who accompanied her in court.

DYS staff Mettao testified briefly after she was only asked a few questions. She said she met the girl at school and that she spoke with the Tydingcos.

After Mettao’s testimony, Lorfing said the government rests its case. The defense did not call any witness.

In the U.S. government’s closing arguments, Lorfing said it is clear that they met the burden to prove beyond reasonable doubt to the offense of harboring an illegal alien and asked the jurors to find the Tydingcos guilty.

“What I am asking you is to follow the law. Apply the facts to the law,” Lorfing said.

Lorfing said there are no shortcuts in life.

The prosecutor told the jurors that maybe they are feeling compassion for the child or to the Tydingcos, but reminded them that under the law they should not consider compassion and sympathy.

Lorfing said Francisco Tydingco aided and abetted Lili Tydingco in harboring the child, who was an illegal alien.

He said Francisco Tydingco acted with the intent before the crime of harboring illegal alien was committed.

Citing witnesses’ testimony and documents, Lorfing said the girl was paroled until Nov. 4, 2013, and remained in the U.S. or CNMI in violation of law.

Lorfing said by remaining on Saipan past Nov. 4, 2013, the girl was illegally staying in the U.S.

Lorfing said Lili Tydingco in her sworn statements admitted that they enrolled the girl at Dandan Elementary School two weeks after arriving on Saipan on Sept. 26, 2013.

The prosecutor said the girl was allowed to stay in the U.S. or the CNMI for 45 days, but Lili Tydingco admitted that the child stayed with them for one year and a half.

Lorfing asked why Lili Tydingco asked the child to send photo of her (Lili) debit card to her mother in China.

Lorfing said the defendants were not doing this to the child out of the kindness of their heart, but specifically for the purpose of financial gain.

In court papers, the prosecution alleged that in exchange for $15,000, Lili Tydingco agreed to take the child to America, enroll her in public school on Saipan, and ultimately assist her in obtaining a green card.

Lorfing said this girl is a complete stranger to the Tydingco family.

In Francisco Tydingco’s closing arguments, Pixley told the jurors that most of the time he remained quiet in the courtroom and that this is because he did not hear evidence against his client.

Pixley said the Tydingcos got married in 2006 and they have three children.

The lawyer said this case is a frightening example of the U.S. government using its vast resources and power against an innocent man.

Citing a response of Homeland Security Investigations Task Force officer Jesse Dubrall to his question, Pixley said there’s no evidence at all that Francisco Tydingco tried to hide anything.

“Why they filed charge against my client? I don’t know,” said Pixley as he asked the jurors to render a not guilty verdict to Francisco Tydingco.

In Lili Tydingco’s closing arguments, defense attorney Bruce Berline said the prosecution horribly failed in this case.

Berline said Lorfing stated that there are no shortcuts in life, but the U.S. government made 100 shortcuts in evidence.

Berline said the prosecution brought up the issue that the Tydingcos bought a TV and a new car after arriving from China.

Berline asked regarding the brand of the TV and the model of the car, and where are the receipts, pictures, among other things.

He said the U.S. government just made a big leap without presenting evidence.

The defense counsel said Lili Tydingco did not smuggle the child into the U.S. border as she presented her in full view to CBP and to the world.

Berline said why would Lili Tydingco present a letter of authorization from the child’s parents authorizing them to be the child’s guardian if she and her husband broke the law.

“Implication. Assumption. Where is the evidence?” he said.

Berline said it was not Lili Tydingco’s statement, but an HSI agent’s summary of statement.

Berline questioned why the HSI agents did not record the interview of Lili Tydingco.

He said the agents did this because they want to put their own words in the statement.

“The problem is the context is missing,” he said, referring to Lili Tydingco’s statement.

Berline said there is no evidence that there’s a financial motive. He questioned why the investigators did not call the parents of the child in China to determine if they paid the Tydingcos and why there’s no record of money transfer.

“There’s no proof of actual monetary transfer. There is no financial connection to Lili and Francisco Tydingco. Where is the evidence?” he said.