Federal agents arrest US govt witness who failed to appear at Tydingco couple’s trial
U.S. Marshal agents arrested on Wednesday a U.S. government’s witness who allegedly failed to appear at the recent trial in federal court of couple Francisco Muna Tydingco and Lili Zhang Tydingco.
The federal agents served to Rebecca Lynn Castro in San Vicente a bench warrant issued by U.S. District Court for the NMI Chief Judge Ramona V. Manglona last June 9.
Castro has been served with a subpoena to appear at the trial of the Tydingcos but allegedly has failed to do so. The trial began last June 7 and completed last June 13.
At the initial appearance hearing yesterday afternoon, Castro appeared with court-appointed counsel Sean Frink.
Manglona granted Frink’s motion to release Castro and ordered her to appear in court on June 29 at 9am to show cause why she should not be held in contempt.
Frink asked the release of Castro, citing that his client has been detained since Wednesday at 5pm and that it is not clear whether she is facing criminal or civil contempt.
Assistant U.S. attorney Russell H. Lorfing, counsel for the U.S. government, said he is contemplating of filing a formal complaint against Castro.
Lorfing said Castro appeared during the trial, but left and did not come back. He said Castro was aware that her testimony was required during the trial.
Manglona said the U.S. government stated that Castro intentionally eluded to avoid taking the witness stand.
Manglona said Castro, however, stated she had no ride or transportation, but that this should not make an excuse for her not appearing in court.
The judge ordered the U.S. government to submit briefs, stating the facts and laws in finding Castro in contempt. Frink was ordered to reply to the briefs.
According to Lorfing in court papers, Castro is expected to testify that the Tydingco couple knew Rongxue Liu, a Chinese national, who was in the country illegally.
Lorfing said if permitted to testify about the subject, Castro will testify that she was offered money by the Tydingcos to marry Liu.
After the U.S. government rested its case during the trial, Lorfing moved to dismiss one count of harboring an illegal alien with respect to Liu. The judge granted the motion.
As a result, the jury decided only one remaining count of harboring an illegal alien pertaining to Liu’s purported minor niece, who is also a Chinese national.
Last June 13, the jury rendered a unanimous verdict finding the Tydingco couple guilty of harboring an illegal alien.