Verdict on human smuggling case up

A federal jury is expected to hand down its verdict today on the alleged attempt to smuggle Chinese nationals to Guam this year by defendants Edward Mendiola Fleming and Huang Zhong.

In his closing argument yesterday, the prosecution led by assistant U.S. attorney Jamie Bowers said testimonial evidence clearly showed that the defendants were guilty of two counts of criminal acts as charged: conspiracy to smuggle aliens and attempted alien smuggling for financial gain.

Bowers said that the “attempt” to bring aliens to the U.S. through an unauthorized place of entry took place the moment the group’s boat left the Tinian dock on April 5, 2004.

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

The lawyer also noted that a conspiracy was established based on the testimonies of witnesses.

“A conspiracy can have a complicated connotation but it is merely an agreement between two or more people to commit a crime,” he said.

Bowers said it was established that the group, led by the defendants, had a plan to bring aliens to Guam. He said that based on the testimony of Conrad Iba, Fleming contacted him to execute the plan. Fleming allegedly offered Iba $1,000 to help bring the people to Guam.

Iba said he helped prepare for the trip but did not join them because it was too risky and it was illegal. Fleming allegedly said that he himself would get $1,000 per person.

The boat, piloted by Fleming, carried four Chinese nationals, including Huang.

Bowers cited that a conspiracy between the defendants as well as between Fleming and another Chinese called “Jessie” was shown through telephone call records obtained by the prosecution.

He said that supplies like fuel, food, and betel nuts were purchased for the alleged trip to Guam.

Further, Bowers said that the four Chinese nationals had slept at Fleming’s apartment on Tinian on the eve of the trip.

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

The lawyer said it does not matter whether the group made it to Guam or not. The issue, he said, is that there was an attempt and there was a conspiracy to commit an unlawful act.

Bowers further noted that the two female passengers had earlier pleaded guilty to the crime. The ladies allegedly paid $1,500 as down payment to Fleming. Bowers said both defendants are equally responsible for the crime.

Attorney Perry Inos, who represents Huang, 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. “So we ask ourselves, are there [pieces of] evidence that rise to a level beyond reasonable doubt? Did they try to go to Guam? Did the government tell you where in Guam they’re going?”

Inos said the guilty plea agreements entered into by the two boat passengers were their own guilt.

Besides, he said the two ladies were never told while they were on Rota that they would go to Guam. He said only when they arrived and were arrested on Saipan did the ladies “change their story.”

“Those two ladies were afraid. They changed their story. Now, did they say where in Guam they would land? No, because they’re not going to Guam,” said Inos.

The defendants pleaded not guilty to the crime, saying it was only a fishing trip. The defense said the group had in fact called 911 when the boat encountered rough sea conditions and allegedly ran out of gas.

According to the indictment, between March and April 5, 2004, Fleming and Huang and their co-conspirators recruited Chinese workers to pay them cash to travel by boat from Tinian to Guam.

During the trip, the boat got lost in rough seas, allegedly forcing Fleming to call 911 through a cellular phone for navigational assistance. The group aborted the alleged Guam trip and sailed to nearby Rota instead.