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Off again - on again case against Sio Godinet Jr continued for another 2 weeks

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COURT REPORT
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — Chief Justice Michael Kruse has granted the defense’s motion to continue Sio Godinet Jr’s case for another 2 weeks, to give more time for the defense to review the discovery and the police report the government has already turned over.

Godinet Jr appeared in High Court last Friday for his pretrial conference. He was represented by Public Defender Michael White, while prosecuting the case was Assistant Attorney General Christy Dunn.

When Godinet Jr’s case was called, White informed the court that he had just received discovery from the government last week and he needed more time to review some of the issues, including the issue about the search warrant.

BACKGROUND

The preliminary examination (PX) for Godinet Jrin the Pago Pago drug raid last May where cops allegedly found illegal drugs took place in July, with District Court Judge Fiti Sunia finding probable cause to bind Sio Godinet, Jr. over on 6 charges, while two charges were dismissed.

In delivering his decision, Sunia pointed out that despite strong opposition from the defense team, claiming that police never found Godinet Jr. inside the small room of the two-story structure where illegal drugs were allegedly discovered, it was clear from the evidence that “he was responsible for the conduct of another person.”

Sunia cited part of the statue (46.2307), which supported the government’s case against Godinet Jr., where he was charged with aiding another’s person criminal act.

Godinet Jr. was charged with 8 counts all together, which included 4 new charges, along with the 4 old charges that were filed against him in the case dismissed by the court three weeks ago.

The new charges against Godinet Jr. include unlawful possession of a controlled substance, methamphetamine with intent to distribute; unlawful possession of a controlled substance, methamphetamine; unlawful possession of a controlled substance, marijuana with intent to distribute, and unlawful possession of a controlled substance, marijuana — all class D felonies.

The government is also accusing Godinet Jr. of aiding, agreeing or attempting to aid Meriko Lomu and/ or Lyon Grey in unlawful possession of illegal drugs, and unlawful possession with the intent to distribute.

These charges stem from the execution of a search warrant on May 15 of this year, on Godinet Jr.’s alleged home in Pago, and where illegal drugs along with drug paraphernalia were allegedly found.

The 4 old charges are the same as the new charges, but stem from a separate incident that happened where a controlled buy using a confidential informant (CI) was executed in April 2018. In this incident, the alleged exchange of cash and drugs was conducted inside Godinet Jr.’s vehicle, and the defendant was present.

It was after this incident that the police then asked the court for a search warrant that was executed on May 15 on a house allegedly belonging to Godinet Jr.

After reviewing evidence in the case, Sunia stated that the government was unable to present probable cause and sufficient evidence to bind counts 1 & 2 in the old charges, of unlawful possession of a controlled substance, methamphetamine with intent to distribute; unlawful possession of a controlled substance, methamphetamine.

Therefore, the two charges were dismissed.

 

SUSUGA SOLIAI

A man who was convicted by District Court of 3rd degree assault, after he used a golf club to threaten a young boy was placed on probation for 18 months.

Susuga Soliai admitted to the court that on May 12, 2018 while he was heavily intoxicated, he used a golf club to threaten a young boy. He further admited that his action on that day was without legal authority.

Judge Fiti Sunia ordered Soliai to stay away from the victim, not to consume any alcohol nor illegal drugs, and he has to pay a fine of $100.