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Court Report

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COURT SHOWS LENIENCY FOR WIFE BEATER

The High Court stayed the jail term as a condition of probation for a man who pleaded guilty to second degree assault for assaulting his wife. Samoa News is withholding the name of the defendant to protect the identity of the victim in this matter. The charge is a class D felony which carries a jail term of up to five years, a fine of up to $5,000 or both.

The defendant pleaded with the court not to impose a jail term in his case, and expressed that he is truly remorseful of his actions, which will not be repeated.

The defendant apologized to the court, his family and his wife for what he did. He added that he does not want to lose his job because he has a daughter and another baby on the way.

Assistant Public Defender Leslie Cardin asked the court to place the defendant on probation, saying the incident is a wakeup call for the defendant who is truly remorseful. Cardin noted that everything within the defendant’s family has been ironed out.

Assistant Attorney General Camille Philippe did not object to probation for the defendant. Associate Justice Lyle L Richmond sentenced the defendant to three years in jail, however execution of sentencing was suspended and the defendant is placed on probation for three years under certain conditions.

The defendant was ordered to undergo anger management courses, drugs and alcohol counseling and family counseling. He was also ordered by the court not to consume alcohol and remain a law abiding citizen.  He has been fined $1,000 which should be paid within a month, and was ordered not to harm his wife and children, physically or emotionally.

According to the government’s case the victim was admitted into the Surgical Ward due to injuries sustained from a fall resulting in a broken leg.

The victim told police that her husband punched her on the sides of her stomach and slapped her on the face, and then she lost her balance and twisted her leg; when she fell, her leg broke. The victim told police her husband was upset because he was not able to meet up with his friend to buy marijuana and had to return home due to the rain.

INMATE MARLON ULI IN HIGH COURT

Inmate Marlon Uli who’s currently serving a 10-year sentence, is charged in a new case, on allegations he escaped on several occasions while on work release. He was arraigned in High Court yesterday morning where he denied the charges.

Marlon and his twin brother Merlin are currently serving sentences following convictions on two counts of unlawful possession of a controlled substance. Marlon is now charged with three counts of escape while on program release and each count is a class D felony punishable by imprisonment up to five years, a fine of up to $5,000 or both.

Merlin Uli was the first to be charged in a similar case two months ago and his case is pending in the High Court awaiting pre-trial status.

During arraignment yesterday morning, Assistant Public Defender Leslie Cardin who is representing Marlon informed the court that the defendant is exploring the option of attaining a private attorney in this matter.

According to the government’s case, on June 25, 2010 the defendant was approved to take part in the work release program to work at the 3M Burger and on March 26, 2012, the defendant was also approved to work at Matrix Laundromat & Store.

According to the government’s case the work release program was explained to the defendant and he acknowledged that he understood the terms and conditions.

It’s alleged a June 22, 2012 shakedown took place at the TCF unit where the defendant is housed and a number of items were seized during the execution of the search warrant, some indicating the defendant was deviating from the direct route to and from his work release. The police investigation that followed alleges the defendant may have started a laundromat business while out on work release.

MAN CHARGED AFTER FOR CLIMBING THROUGH MOTHER-IN-LAW'S WINDOW

The Department of Public Safety arrested earlier this week a man who allegedly climbed through a window to his mother-in-law’s bedroom.

Asiata Fauatea also known as Foaese is charged with Public Peace Disturbance, however more investigation was carried out in this case.

According to the government’s case the mother-in-law was sleeping with her two daughters on their bed when she was awoken to find the defendant was sleeping between her and the daughters.

The woman contacted police for assistance and it was revealed later on the day in question the defendant was under the influence of alcohol.

The government alleges the defendant is married to the victim’s daughter who is currently in Alaska, and the defendant resides with them. The mother requested the government to stop the defendant from ever coming onto their property again.

The government claims the defendant ripped the screen wire on the window and climbed inside. The defendant was ordered by the court not to contact the victim directly or indirectly while this matter is pending.



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