Two guilty of attempted alien smuggling

A 14-member federal jury yesterday found Edward Mendiola Fleming guilty of an attempt to smuggle Chinese nationals to Guam, and his co-defendant, Huang Zhong, guilty of conspiracy to commit alien smuggling and attempt to commit the crime for financial gain.

The jury, in a unanimous decision handed down at about 3pm yesterday, found Fleming not guilty on conspiracy to commit alien smuggling.

Judge Alex Munson set Fleming’s sentencing on Dec. 28 at 9am.

The two face a maximum of up to 10 years imprisonment for the charges.

Fleming is currently out on bail while Huang remains in detention. Munson ruled that Huang has no close connection in the community and is “a potential flight risk.” Huang has been detained since his arrest last April.

“He has every reason not to stay in the Commonwealth,” said the judge.

Fleming was the pilot of a boat carrying four Chinese nationals, including Huang, that left the Tinian harbor on April 5 for Guam. Due to rough sea conditions, however, they were forced to abort the trip and dock on Rota.

Court evidence showed that Fleming would receive $1,000 each from his passengers.

Fleming’s lawyer, Bruce Berline, said that his client will appeal the decision.

“We certainly respect the jury’s verdict but we think that there are some serious issues we’re appealing and we’re filing our appeal,” he said.

Berline said there are some inconsistencies in the verdict “and I think there’s insufficient evidence to support an attempt [to commit alien smuggling].”

The prosecution led by assistant U.S. attorney Jamie Bowers said they are satisfied with the jury’s decision.

“The jury took time to deliberate on the case. That’s their decision,” said Bowers.

Bowers earlier said that testimonial evidence clearly showed that the defendants were guilty of both counts of conspiracy and attempt to smuggle aliens.

He said the crime was committed the moment Fleming’s group departed Tinian dock.

“An attempt is a try, an effort to get something done. The attempt was made when they left Tinian. Now because of Mother Nature, they failed,” said Bowers.

The lawyer also noted that a conspiracy or an agreement between Fleming and other people was established.

“They were arranging the trip. They bought supplies. Everybody knew that they’re going to Guam,” he said.

Attorney Perry Inos, who represented Huang, had insisted that there was no evidence that would prove that the defendants were going to Guam.

Smuggling, he said, means going into the U.S. at a place other than the designated port of entry. He noted that there was no evidence that showed the group was going to Guam.