Kevin Seiler testified that when federal agents effected a search warrant on the residence of Adrian Mendiola in Rota on Dec. 19, 2008, three fruit bats stashed in a plastic bag were found stuffed in a freezer.
Seiler said U.S. Fish and Wildlife Service was joined by agents from the U.S. Marshals Service, U.S. Immigration and Customs Enforcement, and the National Oceanic and Atmospheric Administration.
Assistant U.S. Attorney Kirk Schuler, who is prosecuting the case, also presented expert witnesses yesterday.
Defense lawyer Ramon Quichocho cross-examined Seiler regarding the circumstances leading to the search conducted at Mendiola’s residence.
Mendiola, a retired police officer, has denied the charges.
The defense said the fruit bats found in Mendiola’s freezer were of a different species.
Visiting federal Judge John A. Houston will continue the jury trial today.
Houston earlier granted the motion of the federal government to dismiss without prejudice the charges against two other defendants in the Mariana fruit bat poaching case — David Santos, a Division of Fish and Wildlife staffer, and Albert Taitano, a Rota customs officer.
Defense counsel Michael Dotts said: “There was a legal issue over some evidence that the government planned to introduce against David Santos and Albert Taitano and that was why we had about four days of hearings before the trial started.”
He added, “In the course of the hearings over the legal issue, the government realized there was a potential problem with some testing of evidence that had occurred. So the government dismissed the case as to Santos and Taitano ‘without prejudice’ to do a re-test. The government may latter re-file the case, depending on the results of the re-test.”
Another defense lawyer, Bruce Berline, said: “We are pleased with the government’s dismissal although the dismissal is not with prejudice so the government may recharge my client. The government chose to dismiss the charges due to evidentiary problems and their need to have some of the evidence retested.”
