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Court Report



A 24-year-old man from Samoa, Fagaloa is held on a no bail status on allegations that he had sex with a 15-year-old girl for five minutes. He made his initial appearance in the District Court yesterday. He’s facing charges of rape, sodomy, deviate sexual assault and sexual abuse first degree.


Rape and Sodomy counts are class B felonies punishable by imprisonment for five to fifteen years, deviate sexual assault is a class C felony, punishable by imprisonment up to seven years, a fine of $5,000 or both while the sexual abuse case is a class D felony, punishable by imprisonment up to five years, a fine of $5,000 or both.


According to the government’s case on March 21, 2013, a report was made to the Fagaitua Substation regarding allegations of sexual abuse by the defendant and Detective Vasa Wells was assigned to investigate this case.


Court filings say that, police met with the father of the 15-year-old girl, who told police that he heard the house phone ring at around 7:30 a.m. and his daughter answered the phone, then his daughter went missing — so he called around looking for her. The father said, his daughter came back to the house about an hour later and he saw hickies/love bites on her neck so he questioned her about it.


Court filings say, a woman from the church told the father that it was the defendant who gave his daughter love bites on her neck, so he then reported the incident to police.  


The girl, told police that she had sexual intercourse with the defendant in which he made love bites/hickies and her neck and also had sex with him for five minutes. The defendant during questioning from police admitted that he had sexual intercourse with girl.




Chief Justice Michael Kruse denied a sanction motion filed by Mark Ude, attorney for former ASCC instructor James Barlow, who is accused of giving three minors alcohol, having them watch pornographic movies and allegedly having sex with the three boys.


Barlow, who’s remanded behind bars on $100,000 bail, is charged with two counts of sodomy; three counts of deviate sexual assault; two counts of child sexual abuse; three counts of furnishing pornographic materials to minors; three counts of aiding a child to possess consume alcohol; three counts of endangering the welfare of a child; DUI; careless driving and non possession of a driver’s license.


During the hearing last week, Ude informed the court that he requested from prosecutor, Deputy Attorney General Mitzie Jessop discovery and the police report — yet a year later he still has not received anything. However during the hearing, Deputy AG Jessop informed the court that she had emailed the documents to Ude in May of last year and provided him with another copy recently.


“This is ridiculous, it’s a waste of the court’s time, the government’s time. All he could have done was email me or ask,” said Jessop. Kruse denied the motion and asked the court clerk to set this case for jury trial.


According to the government’s case, the defendant was pulled over for suspected DUI when the police saw young boys in the vehicle who were also under the influence of alcohol. The juveniles were charged with underage drinking while the defendant was charged with a DUI and other traffic citations.


Later, the government filed the sex charges against the defendant, following an investigation into allegations that the defendant had sex with the boys.


Jury trial in this case is now set for Nov. 18, 2013.




A man who struck another man with a tire iron and entered into a plea agreement with the government was sentenced to one month in jail, as part of his five-year sentence in the High Court earlier this week. Uati Tanoa’i pled guilty to second degree assault while the public peace disturbance count was dismissed as part of the plea agreement.


The defendant was represented by Assistant Public Defender Mike White while prosecuting was Assistant Attorney General Julie Pasquale.


The defendant apologized for his actions and noted that he’s remorseful. His apology was made to the victim, the government and the court.


Associate Justice Lyle L Richmond sentenced the defendant to five years in jail, however execution of sentencing was suspended under the condition that he’s pays a fine of $1,000, undergo anger management counseling and serve one month in jail (credit for time served—which was four days).


According to the government’s case, the defendant and the victim argued over a matter relating to the church service or meeting they had both attended. It’s alleged the pair then fought inside the bus, when the defendant grabbed the tire iron and struck the victim on the head, which required emergency room treatment.


The defendant is represented by Assistant Public Defender Karen Shelley while prosecuting is Assistant Attorney General Julie Pasquale. 




Taxi driver Emmanuel Ulberg, accused of bribing a police officer with $100 after he was pulled over for a suspected DUI, has entered into a plea agreement with the government yesterday. The defendant was scheduled to have his case heard before a jury, however he settled with a plea offer.


Assistant Public Defender Mike White represents the defendant while prosecuting is Assistant Attorney General Camille Philippe. Ulberg is charged with bribery of a public servant, driving while under the influence (DUI), prohibited place of consumption and careless driving, however he plead guilty to the DUI and careless driving while the remaining charges were dismissed.


Associate Justice Lyle L Richmond, accompanied on the bench by Associate Judges Muasau Tofili Tasina and Mamea Sala Jr granted the plea agreement and scheduled sentencing for April 25, 2013.


According to the government’s case, on April 15, 2012, police officers, patrolling near the stadium, came across Ulberg who was allegedly swerving near the stadium. The defendant was pulled over and was given the Standard Field Sobriety Test which he failed. It was at this time, he allegedly tried to bribe one of the police officers into letting him go.