Leader of group testifies Chen not aware of drugs; defense also rests

Xi Huang, the leader of a group behind the shipment of 4.9 lbs of methamphetamine or “ice” worth $850,000, testified on Friday in federal court that his co-defendant Zhaopeng Chen was not involved in their drug deal.

After Huang’s testimony, attorney David G. Banes, counsel for Chen, informed U.S. District Court for the NMI Chief Judge Ramona V. Manglona on Friday at 2:05pm that the defense rests. Banes then renewed his motion for judgment of acquittal, but Manglona denied it.

Manglona excused one juror, but did not explain the reason. The judge ordered the remaining 12 jurors to come back tomorrow, Tuesday, at 8:30am, for the continuation of Chen’s trial.

Manglona is expected to provide jury instructions tomorrow, Tuesday, to be followed by the parties’ closing arguments, then jury deliberations.

The judge allowed Huang to testify after the prosecution agreed to give him immunity pertaining to his testimony.

On Thursday, Manglona disallowed Huang to testify until he talks with his new court-appointed counsel.

Huang was taken to court on Thursday after defense counsel Banes summoned him to testify. Huang stated he was willing to testify to tell the truth behind the “ice” shipment.

Manglona then explained Huang’s rights considering that he is appealing his case to the U.S. Court of Appeals for the Ninth Circuit.

Huang then stated he needs to see his new appointed counsel before testifying. Attorney Colin Thompson was appointed as his new counsel. Attorney Robert T. Torres served as his court-appointed counsel in the case, while attorney Stephen Nutting filed his appeal to the Ninth Circuit. Huang stated that he never met Nutting, but that he is aware that his father was working on his appeal.

The indictment charged Chen, Huang, and Shicheng Cai with conspiracy with intent to distribute methamphetamine. Huang and Cai both pleaded guilty. Huang was recently slapped with 188 months imprisonment. Cai, who has yet to be sentenced, testified for the U.S. government.

In his testimony on Friday, Huang, through a translator, corroborated co-defendant Cai’s testimony that Cai was in charge in China to receive and pack the “ice” shipment, and pick up the drugs on Saipan.

Huang agreed with assistant U.S. attorney Garth Backe during cross-examination that he instructed Cai to pick up the drugs at Sunleader Market’s warehouse near As Terlaje Hill on Dec. 4, 2015 because he was scared to do it by himself.

Huang said it was Cai who was willing to pick up the drugs on Saipan. Huang said he also “listened” to other people behind the shipment.

Backe told Huang he is the boss, but the latter replied that he does not know if he was the boss.

Huang also stated that he is not Cai’s boss.

Cai earlier testified that Huang was his boss in this “ice” shipment.

Huang said Chen had his wife’s cellphone number because of a hotel reservation. He stated that

Chen was not aware that he was going to Saipan.

According to U.S. Drug Enforcement Administration special agent Kirk F. Johns, Huang and Cai both arrived on Saipan from Shanghai, China, while Chen arrived with his wife on Dec. 2, 2015. Customs inspectors discovered the contraband hidden in one of nine paint buckets during a routine inspection of a shipping container on Dec. 2, 2015.

On the question why Chen came to Saipan, Huang replied that the prosecutor needs to ask Chen about it.

Backe told Huang that Chen stated he came to Saipan to shop for jewelry and for tourism.

Huang answered that Chen told him that he came to Saipan because he has couple of girls who can work for karaoke.

Huang said it was only an “accident” that Chen was with him when he and Cai were picking up the shipment of drugs on Saipan.

Huang agreed with Backe that Chen was with him when they rented a green Mazda 2, where Cai put the paint bucket that supposed to contain the “ice.”

Huang also agreed that Chen was in his and Cai’s hotel room at Summer Holiday in Garapan when Cai called a person at Sunleader as to when to pick up the “merchandise” at the warehouse.

Backe asked if Chen never asked what’s going on why they keep on following Cai’s car, why they were talking to a “stranger” at Sunleader, and why they rented a green Mazda car.

Huang said Chen did not ask. He reiterated that Chen’s presence at those times was just accident.

“I really did not tell him about it [drugs],” said Huang through an interpreter.

“This whole thing is only me and Cai. He (Chen) did not get a single penny,” Huang said.

Huang said he thought that he would not get arrested because what he did was not dangerous as he was only providing instructions to Cai about the drugs.

Huang explained why his plea agreement with the U.S. government was cancelled, but that he still subsequently pleaded guilty without the plea deal. He said the reason why his plea deal was canceled because he did not want to testify against Chen.

Huang said he’s saying from the very beginning that Chen was not involved in this “ice” shipment.

Huang agreed with Banes that he got a longer sentence after he did not agree to testify against Chen.

On Thursday, Cai testified for the U.S. government about how they shipped they “ice” to Saipan from China, how they concealed the drugs in one of nine paint buckets, and about Chen’s role in picking up the drug shipment.

Cai, however, agreed with Banes during cross-examination that he is not sure that Chen knew about the drug deal between Cai and Huang.