U.S. Assistant Attorney Kirk Schuler said granting the request will be more economical for the court and will remove any concerns that the jury may be misled by toolmark evidence.
The defendants — retired Police Officer Adrian Mendiola, Rota Customs Officer Albert Taitano and Division of Fish and Wildlife employee David Santos — poached a breeding colony of the bats in 2008 using shotguns, the prosecution stated.
They were charged with Endangered Species Act violations, to which they pleaded not guilty.
Mendiola was also charged with unlawful possession while Santos and Taitano were charged with unlawful taking of an endangered species.
Schuler said only Mendiola is entitled to a jury trial, but only with regard to the Lacey Act violation in count two.
The toolmark evidence mentioned by the prosecution included some of the shotgun shells found at the Sumac poaching site that were discharged from a Mossberg .410 shotgun found at Santos’ residence and a Remington .410 shotgun found at Taitano’s house.
