By Neal Putnam
The Alpine Sun

     SAN DIEGO — A Tijuana man was found guilty Aug. 17 of smuggling 692 pounds of marijuana and four illegal aliens in the same sports utility vehicle, which drove the wrong way on Interstate 8 near Pine Valley and collided with a California Highway Patrol vehicle.
     Jovanni Mendoza, 26, faces at least 21 years in federal prison and perhaps more, depending on whether U.S. District Court Judge Dana Sabraw issues consecutive or concurrent terms on each of the 12 counts, said Assistant U.S. Attorney John Kraemer. Sentencing was set for Nov. 3.
     Mendoza, a construction worker with two children, wore a light green prison jumpsuit and did not show any reaction when the judge read the guilty verdicts on all counts. He has been detained in the Metropolitan Correctional Center without bail since his Aug. 25, 2005, arrest.
     The trial only took four days because Mendoza and his attorney, Felix J. Martinez, of San Fernando, waived his right to have a jury trial and agreed for the judge to hear the evidence and issue the verdicts. Closing arguments were held Thursday, and Sabraw asked attorneys a few questions before finding Mendoza guilty.
     Martinez told The Alpine Sun he and Mendoza decided against having a jury trial “because of the political climate” regarding illegal immigration today. Martinez noted the recent protests at schools and elsewhere. The topic came up in the 52nd Congressional race between Brian Bilbray and his other Republican opponents in the primary before he won the race against Francine Busby, a Democrat.
     “That kind of sentiment... I didn't think we'd get an impartial jury, not with the immigration issue... and the protests,” said Martinez.
     “I knew I had an uphill battle. My client wanted his day in court,” said Martinez.
     Martinez didn't contest most of the facts of the collision, but did argue that Mendoza was not the driver. He said “Mr. Mendoza was nowhere near than van that was smuggling (people) and drugs.”
     Mendoza was found guilty of importation of marijuana and possession of marijuana with intent to distribute. The marijuana was found in 11 suitcases. He was convicted of four counts of bring in aliens for financial gain, and four counts of transportation of illegal aliens.
     No one was seriously injured in the crash even though Mendoza's vehicle hit a CHP car head-on near Buckman Springs Road. He wasn't charged with injuring anyone.
     U.S. Attorney Carol Lam issued a statement after the verdict, which read: “Smugglers should know that they make things infinitely worse for themselves and others when they decide to run from law enforcement.”
     Six Border Patrol agents were in the audience to hear the verdict. Mendoza's sister and another family member were present.
     Sabraw told the attorneys he took “copious notes, which I reviewed at least twice” before issuing the verdicts. He said the prosecutor had proven that Mendoza was the driver at the incident on Aug. 17, 2005, even though Mendoza fled and was not arrested until a week later.
     The judge said the testimony of witnesses, including some of the illegal aliens in the vehicle, were “consistent, credible, and corroborated.” He acknowledged that some witnesses did not want to testify.
     “All the evidence as a whole... points to Mr. Mendoza as the driver,” said Sabraw.
     Sabraw noted that the four aliens were placed on top of the 692 pounds of marijuana, which he said was valued at $207,000. “Clearly, that's not personal use. It's meant to distribute it.”
     “Mr. Mendoza was transporting aliens for financial gain. He clearly aided and abetted in that endeavor,” said the judge.
     Kraemer said “seven witnesses place Mr. Mendoza in the white Suburban (vehicle),” including the four migrants, and Border Patrol agents. He was arrested Aug. 25, 2005, when he pulled up to another immigration checkpoint and was driving another Suburban.
     Martinez said the migrants who testified against Mendoza wanted to stay in the U.S. with a work permit, and their cooperation with the government affected their identification of Mendoza as the driver. “Mr. Mendoza was not driving that auto,” insisted Martinez.
     In rebuttal, Kraemer argued there was “no evidence these witnesses were threatened or intimidated” by the government. They identified him as the driver because he was the driver, argued Kraemer.
     The prosecutor said Mendoza had been connected to other smuggling operations before in East County including another incident in Jacumba in 2005. In 2002, Mendoza ran from a van containing 31 aliens after giving a false name, said Kraemer.
     Border Patrol agents from the Campo station noticed two GMC Suburbans on Interstate 8 near Kitchen Creek around 9:45 p.m. on Aug. 17, 2005. They both turned into a rest stop and talked with each other. The agents followed both cars until they went in opposite directions and one got away. 

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