Visiting federal Judge John A. Houston scheduled Mendiola’s sentencing for Aug. 16, 2011, and ordered the U.S. Probation Office to submit a presentence investigation report by July 11, 2011.
Defense attorney Ramon Quichocho asked the court to order the continued release of his client, saying that Mendiola is not a flight risk or a danger to the community.
Assistant U.S. Attorney Kirk Schuler, the prosecutor, said statutes require the court to remand the defendant convicted of a crime to the custody of the U.S. Marshals Service, but he did not oppose Quichocho’s request.
Houston then ordered the release of Mendiola under the same pretrial conditions.
The judge said he may conduct the sentencing hearing via videoconference.
According to the prosecution, Mendiola is facing the maximum sentence of six months imprisonment and a $25,000 fine.
Houston thanked the jurors for their service, which he described as next to military service in importance to the nation.
The jury system, he added, is the “backbone” of the American judicial system.
Quichocho said they respect the jurors’ decision. “To God be the glory,” he said, adding he will talk to his client for their post-trial options.
Schuler said they are pleased with the verdict.
“It is a positive verdict for the community and culture. It is very clear that the verdict acknowledges that fruits bats are important species to protect. The government is pleased to be part of efforts to protect the cultural and ecological significance of fruit bats,” Schuler told reporters.
He said the prosecution will retest pieces of evidence and proceed with the recharging and prosecution of the two other defendants.
Houston earlier granted the prosecution’s motion to dismiss without prejudice the charges against David Santos, a Division of Fish and Wildlife staffer, and Albert Taitano, a Rota customs officer.
Armed with a search warrant, federal agents seized fruit bats from the freezer at Mendiola’s Rota residence on Dec. 19, 2008.
The prosecution said Mendiola, Taitano and Santos poached a breeding colony of bats using shotguns.
