Pago Pago, AMERICAN SAMOA — District Court Judge Elvis P. Patea dismissed two of the three cases against Absalom David Fanene a.k.a. "Loma" yesterday morning, following a motion from prosecutor, Assistant Attorney General Jason Mitchell.

In one case, Fanene is charged with public peace disturbance, stealing, and third degree assault. Prosecutor Mitchell told the court yesterday that the government moves to dismiss the case, because they are unable to "locate the victim" and without the victim, the government cannot prove its burden.

The motion to dismiss was granted.

The other case charges Fanene with two counts of third degree assault, and private peace disturbance. According to the government, the investigating officer and a subpoenaed individual — who is yet to be served — are both off island. Therefore, they are unable to move forward.

The court granted the motion to dismiss that particular case.

That leaves Fanene with one more case, in which he is charged with one count of stealing.

Fanene, who is out on $300 bond, appeared in District Court yesterday morning for a bench trial, which is now continued to Tuesday, June 11.

The continuance was granted after defense attorney, Assistant Public Defender Anna Whiles asked for additional time, saying discovery was just turned over to her this past Monday, May 6th. (Samoa News understands that discovery in this case is the video footage from the day of the alleged incident).

Subpoenaed witnesses who were scheduled to testify at the bench trial yesterday were in court. They included the storeowner, a store employee, and a police officer. All three have been told to appear in court on June 11.

The government's case against Fanene stems from an incident that occurred Feb. 22, 2018 where he is alleged to have been caught on camera, stealing a phone and merchandise from a store in Leone.