CPA Sgt. Mendiola discloses he served as ‘ice’ informant

Floyd M. Mendiola, a Commonwealth Ports Authority police sergeant who is facing a criminal case in federal court for alleged involvement in a conspiracy to sell methamphetamine or “ice,” has revealed that was an informant for federal agents on promises that, among other things, he will avoid criminal liability.

In his declaration filed yesterday in the U.S. District Court, Mendiola said that he and a police officer went to the Federal Bureau of Investigation Office in Puerto Rico sometime in January 2014 at the officer’s invitation that Drug Enforcement Administration agent Jackie Gordon wanted to talk to him. Mendiola said he met Gordon and an FBI agent at the FBI office.

Mendiola said the agents told him they need some information from him and that they knew everything about him, including selling methamphetamine or “ice.”

Mendiola said he denied selling “ice,” but the agents told him by “sell” they meant arranging the sale.

Mendiola said he told them he needs a lawyer but the agents reportedly stated that if he has a lawyer “everything’s going to change.”

He said he turned to the police officer and asked in Chamorro if he should have a lawyer, and the officer replied it’s not necessary because the agents are trying to help him.

Mendiola said the officer told him that they were going to help him “get out clean” and that all he has to do is just cooperate with them.

“I understood this to mean that if I gave the information I had, then I would not be arrested or prosecuted,” he said.

Mendiola’s lawyer, Joseph Horey, submitted the declaration in support of their motion to dismiss the indictment filed against the defendant.

Horey said the indictment should be dismissed or, if not, Mendiola’s statements to government agents should be suppressed.

“The totality of the circumstances in this case reveals a combination of promises (that defendant will ‘get out clean,’ avoid criminal liability and save his job) and coercion (confrontation, accusations, threats of prosecution, and isolation from legal counsel), more than sufficient to overbear the will of a suspect and render his statements involuntary and inadmissible,” the lawyer added.

In his declaration, Mendiola said in that meeting at the FBI office, he asked if he was being arrested. Gordon reportedly said they could have him arrested but they want him to cooperate with them.

Mendiola said he was told that if he cooperated with them by identifying anyone who sells “ice,” he would get “leniency.” He said he understood that to mean that if he provided accurate information, he would not be charged criminally.

Mendiola said the agents told him that they want to help him save his job by just cooperating with them.

After that, Mendiola said, he cooperated with the agents, identifying several individuals known to him as “ice” dealers and/or users.

He said he attempted to conduct a “buy-bust” for the agents, but the target turned out not to have any “ice” for sale at the time.

“I also made some self-incriminating statements to the agents. All this took place over the course of about four meetings with them,” he said.

Mendiola said at one of these meetings, the agents made him identify two voices in a recording. In that meeting, Mendiola said the agents told him he was not an informant anymore.

Mendiola said he didn’t hear from the agents again until he was arrested last May 27.

“At no time during any of my meetings with the agents did anyone advise me of my right to remain silent or to have an attorney,” he said.

According to the indictment, from Feb. 27, 2013 through March 2, 2013, Mendiola conspired with other persons to distribute “ice.” No other details were provided in the indictment. Mendiola has been released to a third-party custodian upon posting a $25,000 unsecured bond.