Federal prosecutor assures plural pronouns to be used appropriately

Assistant U.S. attorney Garth R. Backe has assured that plural pronouns will be used when it is appropriate during the jury trial of Zhaopeng Chen, one of three Chinese nationals charged in federal court over methamphetamine or “ice” shipment.

Backe, counsel for the U.S. government, said they understand that unfair confusion could arise if plural pronouns are used inappropriately.

Backe said for instance, in the example given by defendant Chen—“they were in the hotel room and [co-defendant Shicheng] Cai made the call about the drugs”—the U.S. government fully expects Cai to testify that “they were in the hotel room when he (Cai) called Sunleader” because all three defendants were in the hotel room.

David G. Banes, the court-appointed counsel for Chen, has filed a motion requesting the U.S. District Court for the NMI to issue an order prohibiting witnesses, interpreters, and counsel from using plural pronouns in formulating questions or providing answers in the upcoming trial.

“Such an order from the court will stave off potential confusion, will reduce the possibility that the jury will be mislead as to defendant Chen’s involvement, presence or knowledge, and will better allow the jury to complete their truth-seeking junction,” said Banes in Chen’s motion in limine.

Motion in limine refers to a request made before the start of a trial asking that the judge rule that certain evidence may, or may not, be introduced to the jury in a trial.

In the U.S. government’s response to the motion, Backe said it is also likely that a law enforcement officer will testify that “they traveled north on Isa Drive toward San Vicente in the FJ Cruiser,” because the evidence will show that Huang and Chen were both in the vehicle when that occurred.

Lastly, Backe said, the U.S. government expects Cai to testify that Huang made statements to him before he picked the paint bucket from Sunleader to the effect that “we will follow and watch out for you,” because Cai will further testify that Huang used that plural pronoun himself.

Thus, Backe said, there is nothing unfair—let alone “substantially unfair” as used in Rule 403—about using plural pronouns in these type of situations.

The indictment charged Chen, Huang, and Cai with conspiracy to possess with intent to distribute methamphetamine over the shipment of 4.9 lbs of “ice” worth $850,000 in 2015.

A routine Customs inspection at the Port of Saipan of a 40-foot container from Guangzhou, China, reportedly resulted in the discovery of the 4.9 lbs of “ice” hidden in three plastic bags in one of the nine 5-gallon paint containers on Dec. 2, 2015.

Joint federal and local enforcers investigated the discovery of the “ice” that later led to the arrest of the three defendants.

Huang and Cai both pleaded guilty. Huang was recently slapped with 188 months or 15 years and eight months of imprisonment. Cai has yet to be sentenced.