Mandarin Mashup May 28, 2012
Missoula judge OKs trial of Chinese women found with 6 duffel bags ... - The Missoulian
A case involving six large duffel bags of marijuana, cans of empty Red Bull, and a rented minivan on Thursday took one step toward trial in U.S. District Court.
In a federal courtroom in Missoula, U.S. Magistrate Judge Jeremiah Lynch ruled there is probable cause to try Xiao Meng Ma and Lan Luo for “possession with intent to distribute” 100 or more kilograms of marijuana. The women were arrested Saturday in Gallatin County.
Just one person took the stand during the afternoon hearing, which was slowed to accommodate a telephone translator who interpreted in Mandarin Chinese. The hearing also was preceded by a closed meeting to allow defense attorneys to visit with their clients in private using the interpreter.
On the stand, drug enforcement task officer Chris Randle offered testimony, some based on a signed affidavit. The events preceding the arrest were as follows, according to the court document:
Late Saturday, Montana Highway Patrol Trooper Dan Amundson stopped a black Chrysler van for going 51 mph in a construction zone on Interstate 90 where the speed limit was 35 mph. Ma was the driver; Luo was the passenger.
“During the course of his traffic stop, Trooper Amundson realized that both Ma and Luo spoke Chinese. Ma also spoke English quite well; Luo appeared to speak only Chinese,” the affidavit states.
During the stop, the trooper smelled marijuana, and he saw “several large duffle bags (sic) in the rear of the van.”
“He reported that the bags appeared to be full and their shapes were even and blocky, which he felt was not consistent with the appearance of clothing,” the court document states.
The witness also noted cans of Red Bull on the floor. The van was rented, and the trooper also saw “a large sum of cash” in the glove box when he asked to see the rental agreement.
At the scene, the trooper issued Ma a citation for speeding, and he asked if she was responsible for everything in the van. She told him her only property was a small bag and purse; she said the large bags belonged to Luo.
Ma also told the officer that Luo was moving from Washington state to New York, and Ma was traveling with her; in a later interview with Randle and a Drug Enforcement Administration supervisor who translated, Luo stated that Ma was moving to New York and Luo was accompanying her.
When Trooper Erick Fetterhoff arrived at the scene to assist, he used a translator program on his iPhone to communicate with Luo, who “said that the bags in the back of the van belonged to her.” Both women agreed to a search of the vehicle.
“Trooper Amundson found six large duffle-type bags (sic) on the floor of the van. Each bag was filled with several large, vacuum-sealed bags of marijuana, for a total of 200 bags” the affidavit states.
The officer apprehended Ma and Luo, seized the marijuana and transported all to the Law and Justice Center in Bozeman, where Randle met them.
At the hearing, defense attorney John Rhodes asked many questions aimed at the defendants’ abilities to understand spoken and written English and the methods of translating search consents at the scene.
Randle said he only heard Luo say “yes,” “no” and a curse word in English. He said Ma, on the other hand, spent four years in high school in Anaheim, Calif., and she talked with him in an interview, translated for Luo, and spoke English “quite well.”
During questioning, Ma periodically whispered with her lawyer, Eric Henkel, and the audible portions of the exchanges were in English. At one point afterward, she offered to help him track down a phone number: “If you don’t have it, I can tell you right now.”
Asked after the hearing about Ma’s apparent ability to speak English, though, Henkel said “no,” and declined to elaborate. He and Rhodes are seeking a local person who speaks Mandarin Chinese and can help translate.
In the court document, an “offense description” notes a “mandatory minimum five years to 40 years imprisonment, $5 million fine, at least four years of supervised release, and a $100 special assessment.”
Reporter Keila Szpaller can be reached at @KeilaSzpaller, 523-5262, keila.szpaller@missoulian.com or onMissoulaRedTape.com.
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