Court wraps up trial of ex-Tinian mayor

The jury trial on a cattle rustling case involving former Tinian Mayor James M. Mendiola ended yesterday after only a day of hearing testimonies from four witnesses summoned by the U.S. government with both the prosecution and defense agreeing to rest the case.

Paul A. Lawlor, attorney for the accused, made a last-minute motion to dismiss the case against his client for lack of evidence, but was denied by Federal Court Judge Alex R. Munson.

He and the lead counsel for the prosecution, Assistant U.S. Attorney David Wood, are expected to have their closing arguments this morning on the trial that began only last Monday with the jury selection.

Two people initially charged along with Mr. Mendiola testified at yesterday’s trial, pointing to the former mayor and congressman as the one who ordered them to slaughter cows owned by Micronesian Development Corp.

Herman P. Aldan, 31, and Franklin B. Mundo, 32, pled guilty last month to charges of conspiracy to conceal stolen property within the special maritime and territorial jurisdiction of the U.S. and felon in possession of a firearm in connection with the lawsuit filed in November 1999.

In exchange, the two had agreed to become state witnesses in the prosecution of Mr. Mendiola. The other accused, Alexander San Nicolas Borja, 30, also copped a plea agreement to one count of conspiracy to conceal stolen property within the U.S. maritime and territorial jurisdiction.

No agreement

But Mr. Aldan and Mr. Mundo told the court that there was no agreement entered into with Mr. Mendiola to conceal stolen meat when asked by Mr. Lawlor during the cross-examination.

They said, however, that a gun used in shooting the cows inside the MDC’s ranch on Tinian came from the former mayor.

“[Mr. Mendiola] told me sometimes to kill four cows,” said Mr. Mundo, adding that he could only shoot one to two heads because it would be heavy for him to carry the slaughtered pieces.

He also testified that the meat were packed in garbage bags, put in the cabin in a private boat to transport them to Saipan for sale where Mr. Mendiola would contact buyers through cellular phones.

Mr. Mundo also said that the former mayor instructed him to lie to the police when he was caught in the possession of the firearm by telling them the gun was meant for shooting stray dogs.

Evidence presented during the trial included the gun and a taped telephone conversation between Mr. Mundo and Mr. Mendiola, as per instruction by FBI special agent Richard Wallace.

The defense attempted to weaken the prosecution’s contention that there was a deliberate attempt by the accused to hide the stolen meat as charged against Mr. Mendiola.

Mr. Mendiola, who was arrested by FBI agents on Nov. 19, 1999, pled not guilty to the charges during the arraignment along with Mr. Aldan and Mr. Borja, who were also arrested at the same time. It was only Mr. Mundo who pled guilty. He surrendered to the FBI on Nov. 29. All four were released after posting bond.

Based on court documents, the defendants carried out a plot to steal and butcher cattle owned by MDC by sneaking into its pastures and then shooting two to three heads of cattle on a weekly basis.

They would then butcher the beef in the field, haul them out in pieces, transport and sell to people on Saipan. MDC, which operates the largest ranch on Tinian, has lost more than 120 heads of cattle amounting to $134,000 from the scheme perpetrated by the four.

If found guilty on the conspiracy charge, Mr. Mendiola could face up to 10-year imprisonment and a maximum fine of $250,000. The three others will be sentenced on May 2 with lighter penalties.