Bench warrant issued against ex-Rota mayor for failure to appear

Superior Court Associate Judge Joseph N. Camacho has issued a bench warrant against former Rota mayor Melchor A. Mendiola for failing to appear at his arraignment on Friday in connection with a corruption charge.

Camacho granted assistant attorney general Emily Cohen’s recommendation to issue a bench warrant and bail in the amount of $500.

Mendiola is reportedly still in Florida.

In issuing the bench warrant, the judge indicated that there may be some concerns such as “can criminal case summons be served on another person other than the defendant and can a criminal case summons be served on a person outside the jurisdictional boundaries and is no longer residing in the CNMI?”

Camacho said it is for Mendiola to formally oppose the bench warrant if he chooses to do so.

During Friday’s scheduled arraignment at the Rota Superior Court, Mendiola’s co-defendants Alfred Apatang, Bernard Apatang, Tina Atalig, and Stacey Atalig appeared and pleaded not guilty to the information charging each with removal of government property.

Alfred Apatang informed the court that Mendiola was no longer in the CNMI as the former mayor had left the Commonwealth prior to being served with penal summons.

Police officer Sean Taisacan served the penal summons on a person at the residence of Mendiola on Rota last Feb. 25.

The person, an adult, works for Mendiola’s wife.

Camacho noted that the matter is further complicated because when the case was filed and the penal summons were issued, all five defendants appeared in court last January.

Camacho said even though the defendants were in court at that time, and the Office of the Attorney General already had in their possession of the penal summons, the OAG failed to serve the penal summons at that time.

The judge said this raised several issues because the Commonwealth Rules of Criminal Procedure, Rule 4(d)(2) states in relevant part that, “summons may be served at any place within the jurisdiction of the CNMI.”

Camacho said Rule 4(d)(3) states in relevant part that, “the summons shall be served upon the defendant’s dwelling or usual place of abode or business with some persons or suitable age and discretion then residing or employed therein.”

Mendiola’s co-defendants Alfred Apatang, Bernard Apatang, Tina Atalig, and Stacey Atalig were all personally served with summons and appeared at the arraignment.

Camacho found the four defendants indigent and appointed the same attorneys for them as from the previous case that was already dismissed.

Bench trial will be on June 20, 2016, on Rota.

Superior Court clerk of court Patrick V. Diaz issued the penal summons last Jan. 12 for Mendiola and the four co-defendants to appear for the arraignment at Rota courtroom last Friday, March 4, at 10:30am, with respect to the information.

The information charged Mendiola and co-defendants each with possession or removal of government property offense.

The items alleged to have taken in this case care are four laptops with values ranging from $975 to $2,049, as well as nine picnic tables.

According to the information, Mendiola allegedly unlawfully took nine picnic tables belonging to the Rota Mayor’s Office between September 2014 and Feb. 26, 2015, on Rota.

Tina Atalig allegedly unlawfully took one Toshiba Satellite laptop belonging to the Rota Mayor’s Office between September 2014 and Feb. 26, 2015, on Rota. She is the former secretary of Mendiola.

Alfred Apatang allegedly unlawfully took one Toshiba Satellite laptop owned by the Rota Mayor’s Office between September 2014 and Feb. 27, 2015, on Rota. He is the former field supervisor of Mendiola.

Bernard Apatang allegedly unlawfully took one Toshiba Satellite laptop owned by Rota Finance Office between September 2014 and Feb. 27, 2015, on Rota.

Stacey Atalig allegedly unlawfully took one Toshiba Tecra laptop belonging to Rota Office of Finance between September 2014 and March 2015 on Rota. She is a former Rota Finance resident director.

Office of Public Auditor Task Force officer JB K. Cepeda stated in his report that they initiated the investigation after receiving a letter from Rota Mayor Efrain M. Atalig, requesting assistance to investigate into Mendiola’s questionable transactions.

Cepeda said Atalig apparently discovered the government properties such as computer laptops, folding tables, typewriter, and other items were unaccounted for or missing.