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Court denies request for no additional bond — for the 2nd time

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ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A motion by Nick Mataia defense’s attorney was again denied by the court last week, when Assistant Public Defender Anna Wells asked the court for the second time for no additional bond for her client, because the new charges are based on the same allegations.

Mataia appeared before District Court Judge Fiti Sunia last Friday for his preliminary examination (PX). He was represented by Wells while prosecuting the case was Assistant Attorney General Christy Dunn.

When Mataia’s case was called a week ago Friday morning for his PX, Wells immediately asked the court if she could argue her motion on bond before the court discussed the issue about her client’s PX.

Sunia granted the defense’s request.

Wells told the court the additional charges stem from the same case, for which the government has already filed charges. She asked for no additional bond, because the new charges are based on the same allegations.

She added that there are no new facts supporting the new complaint against her client.

Dunn strongly opposed the defense’s motion. According to Dunn, the additional charges are in a new complaint and affidavit of support.

Sunia immediately denied the defense’s motion. He stated that this is the same bond argument they received from the defense’s side when they argued their motion earlier.

He reminded Wells of the case of another co-defendant from this same case, which has the same situation as Mataia’s case. According to Sunia, when the government filed additional charges to that co-defendant last month, the court then established a new bond in the amount of $20,000 for the new case.

The judge then told Wells that the fact of the matter is, her client has two separate cases. “This defendant’s first case is now before the High Court, while his new case is still before this court,” Sunia said.

District Court Judge Pro Tem, Gwen Tauiliili-Langkilde was the first to deny the defense’s motion for no additional bond.