Jingfan Zhang, 36, has signed a plea agreement with the federal government in exchange for a lighter sentence.
Zhang testified that his employment authorization is also being processed.
He was arrested, together with Shixu Huang, Lihua Yi, Pingping Zhang, Zhanshan Zhang while aboard two rubber boats attempting to enter Guam from Rota.
The prosecution has asked the federal court to retain the charge of conspiracy to defraud the United States, and to dismiss the other charges of eluding examination and inspection, and attempted improper entry.
Visiting Chief Judge William H. Alsup of the Northern District of California will continue the jury trial for the four defendants today.
Jingfan Zhang said each of them raised $980, for a total of $4,900, to buy the two inflatable boats and outboard motors, air tickets, car rental and hotel accommodations.
During the direct examination by Assistant U.S. Attorney Kirk Schuler, Jingfan Zhang said he purchased a one-way ticket from Saipan to Rota because he did not want to return to Saipan and wanted to go to Guam.
Schuler is being assisted by Assistant U.S. Attorney Eric O’Malley in prosecuting the case.
Jingfan Zhang said the plan to go to Guam started in Sept. 2009 after they learned about a successful attempt to enter the island from Rota.
When asked why he did not buy an air ticket to Guam, Jingfan Zhang said he had no government authorization to make the trip.
He said he could not apply for an asylum in the CNMI.
Jingfan Zhang identified the rubber boat he and the other defendants used, when he was presented with a picture of the seized two inflatable boats with outboard motors.
Jingfan Zhang said they had a camera so they pretend to be tourists taking pictures. They also had fishing rods so they could claim to be fishermen.
Jingfan Zhang said they used Rota’s west harbor because there were few people in the area, and they left during night time for “security concerns.”
“We are smugglers. We don’t want to be arrested,” said Jingfan Zhang through a translator.
Jingfan Zhang said he prepared a navigational map for their attempt to reach Guam.
Judge Alsup reminded the jurors that Zhang’s testimony could not be used against the four defendants.
When the Variety left at lunch time, the defense had started Jingfan Zhang’s cross examination.
The defendants are out on bail and are being represented by their court-appointed attorneys: Mark Hanson, Bruce Berline, Anthony Long and Michael Dotts.
