ON CATTLE RUSTLING CHARGE Ex-Tinian mayor enters guilty plea

Former Tinian Mayor James Masga Mendiola on Friday pled guilty in the U.S. District Court in connection with cattle rustling in his island municipality just three days before a second jury trial was to resume on the case.

He entered into a plea agreement with federal government prosecutors on a misdemeanor charge of conspiracy to conceal goods within the special maritime and territorial jurisdiction of the United States.

This carries lighter penalties than the felony offense contained in the indictment filed with the federal court in November, which was tried last February. The trial ended in hang jury after the jurors failed to reach a unanimous verdict.

Judge Alex R. Munson had set the second trial for today, but with his approval of the plea agreement last Friday, Mr. Mendiola is scheduled to appear in court again on July 18
for his sentencing.

In exchange for the plea, U.S. Assistant Attorney David T. Wood, lead counsel for the prosecution, recommended a sentence of probation for a period of time to be determined by the judge, and a $15,000 restitution fee.

The charge carries maximum penalties of not more than one year in jail, a fine of up to $100,000 and supervised release of up to a year, plus restitution.

Paul A. Lawlor, attorney for Mr. Mendiola, said the deal with the prosecution is the “best thing” for his client. He declined to elaborate on the negotiation leading to the plea agreement.

Mr. Mendiola, 51, who also served as member of the House of Representatives, is the fourth and the last defendant charged in connection with the investigation and prosecution of a ring of cattle rustlers on Tinian.

His three co-accused earlier had pled guilty to the conspiracy charge and turned state witnesses against him during the trial.

Herman P. Aldan and Franklin B. Mundo were also slapped with a charge of felon in possession of a firearm. The two, along with Alexander SN. Borja, will be sentenced next month with lighter penalties in exchange for their cooperation with the prosecution.

One year of stealing

Based on court documents, Mr. Mendiola admitted his guilt to one count of the conspiracy charge on several incidents of stealing beef from the Micronesian Development Corporation that took place between March 1, 1998 to March 6, 1999.

Mr. Wood, in a statement, said that during the first trial, there was evidence presented by government witnesses that members of the conspiracy went on a weekly basis to pastures on MDC property and slaughtered from two to four cows at a time.

They also testified that cattle were butchered in the field and the beef was hauled out and later sold on Tinian and Saipan. A MDC representative said at the trial that the company lost approximately 120 heads of cattle or about $130,000 worth of beef during a four-month period in 1998.

“We brought some meat between Tinian to Saipan that was stolen and it was in a plastic bag,” Mr. Mendiola told Judge Munson during Friday’s change of plea proceeding.

He also said that he knew the beef was stolen at the time and agreed with at least one other member of the conspiracy to conceal the beef while it was transported within the U.S. jurisdiction.

Mr. Mendiola, who was arrested by FBI agents and local police on Nov. 19, 1999, pled not guilty during the arraignment immediately after, along with Mr. Aldan and Mr. Borja who were also arrested at the same time.

It was only Mr. Mundo who admitted his guilt. He surrendered to the FBI on Nov. 29. All four were released after posting bond.

The conspiracy charge carries up to 10-year imprisonment and a maximum fine of $250,000.