Dismissed were charges of violating the Endangered Species Act as well as forfeiture charges against David Santos and Albert Taitano.
Michael Dotts and Bruce Berline were counsels for Santos, a Division of Fish and Wildlife staffer, and Taitano, a Rota Customs officer.
Adrian Mendiola, a retired police officer who was charged with violations of the Endangered Species Act, the Lacey Act and forfeiture, is facing jury trial.
The alleged crime occurred between Nov. 1 to Dec. 19, 2008.
Yesterday, wildlife biologist Julia Boland of the CNMI Division of Fish and Wildlife, testified that she heard a rumor on Oct. 31, 2008 that a fruit bat colony in Rota would be “hit soon,” and on the following day, Saturday morning, Boland said she received an anonymous tip of a similar nature.
Boland testified she found dead male and female bats and took care of a baby bat under her shirt for rehydration.
She said she found blood that matched those of the dead fruit bats.
Boland also testified she found shells for 12-gauge and .410 shotguns.
Assistant U.S. Attorney Kirk Schuler is prosecuting the case.
Asked by defense attorney Ramon Quichocho if she is a jungle expert, Boland said she has spent a lot of time in the jungle.
The prosecution will present expert witnesses today.
The defense said the fruit bats found in Mendiola’s freezer were of a different species.
