ON CATTLE RUSTLING CASE Court sets retrial of ex-Tinian mayor

The trial on a cattle rustling case involving former Tinian Mayor James M. Mendiola ended yesterday in a hang jury when the 12 jurors failed to come up with a unanimous decision after deliberating for two days.

There were no details on the mistrial, or how the jury voted, but Federal Court Judge Alex R. Munson set the re-trial on April 10. Sources disclosed six of the 12 jurors were from Tinian.

The hang jury came two days after the one-day trial ended involving testimonies from four witnesses summoned by the U.S. government, including two of Mr. Mendiola’s co-accused.

Herman P. Aldan, 31, and Franklin B. Mundo, 32, testified last Tuesday, pointing to the former mayor and congressman as the one who ordered them to slaughter cows owned by the Micronesian Development Corporation.

Mr. Aldan and Mr. Mundo 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.

But during cross-examination by the defense, the two told the court that there was no agreement entered into with Mr. Mendiola to conceal stolen meat, saying only that a gun used in shooting the cows inside the MDC’s ranch on Tinian came from him.

No jurisdiction

Paul A. Lawlor, attorney for Mr. Mendiola, said his client will be filing motions with the federal court before the new trial begins, but did not say whether they will move for dismissal of the case.

He argued the case is not under federal jurisdiction as the CNMI maintains the waters between Saipan and Tinian is not within the special maritime and territorial jurisdiction of the United States.

“I find the whole case weird. The federal government should be investigating other criminal activities on Tinian as this alleged cattle rustling case is not within its jurisdiction,” Mr. Lawlor told in an interview.

He added that they will raise this issue during the re-trial to bolster the case of his client.

The defense did not present any witnesses, and only the gun and a taped conversation between Mr. Mundo and Mr. Mendiola after their arrest were the two crucial exhibits presented by the prosecution led by Assistant U.S. Attorney David Wood during the trial.

While Mr. Mendiola’s counsel moved to dismiss the case against his client at the last minute due to lack of evidence, Judge Munson denied the motion and allowed the jury to consider the evidences and testimonies presented at the trial.

In his testimony, Mr. Mundo said the meat stolen from MDC 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.

He 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.

Weak case

But 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.

The conspiracy charge carries up to 10-year imprisonment and a maximum fine of $250,000. The three others will be sentenced on May 2 with lighter penalties.