Pago Pago, AMERICAN SAMOA — A police officer accused of allowing an inmate to leave his cell so he can visit his sick son has been arrested and charged with permitting escape, a class D felony punishable by 5 years imprisonment, a $5,000 fine, or both.

Saito Pesaeli made his initial appearance in District Court this week. He is represented by Assistant Public Defender Ryan Anderson, while prosecuting is Assistant Attorney General Laura Garvey.

Bond is set at $5,000.

A motion by Anderson to reduce his client’s bond was denied by the court.

Anderson argued that his client has a clean record; a hard-working man with strong ties to the community. If his client is released from custody, Anderson assured the court that he will make him sign-in at his office every week to ensure he’s still on island.

According to Anderson. his client is not a danger to society.

But Garvey disagreed, saying that what Pesaeli did was serious, he allowed an inmate — Manu Lefatia — to walk out of confinement, and this isn’t the first time Lefatia has done that. (Samoa News notes that Lefatia was arrested and charged for shooting a man in Leone last year, after he allegedly escaped from the TCF)

Preliminary examination (PX) for Pesaeli is next week.

THE AFFIDAVIT

According to the government’s case, on Aug. 21, 2019 around 8:50p.m., cops at the DPS Central Station informed the Criminal Investigation Division (CID) that inmate Manu Lefatia had escaped from his cell.

A caller informed DPS that Lefatia was seen in public, and people who knew him were concerned for the safety of the community. A lieutenant who was on duty that night went to check on Lefatia and confirmed that he was not in his holding cell.

Other cops were then notified, including Pesaeli, and two other officers who were on routine patrol and told to return to the station.

When the lieutenant informed his subordinates that Lefatia had escaped from confinement, Pesaeli admitted that he was the one who allowed Lefatia to leave his cell and go home to visit his family and come back within an hour.

Pesaeli said Lefatia asked him numerous times if he could go home to see his son, who was sick. He told police that out of love, he agreed to let Lefatia out of his holding cell.

Pesaeli said he instructed Lefatia to return within an hour so nobody would know what happened. But he ended up having to call Lefatia and tell him to come back to the holding cell because everyone knew he escaped.

Later that night, Pesaeli and another cop were instructed to stand guard at the holding cell to await Lefatia’s return. Lefatia returned to the holding cell, via the hill behind the DPS central station.

MANU LEFATIA

Manu Lefatia also made his initial appearance in court this week before Judge Elvis P. Patea. He is represented by private attorney Marcellus Talaimalo Uiagalelei, while prosecuting is Assistant Attorney General Laura Garvey.

Lefatia is charged with escape from confinement, a class D felony punishable by 5 years imprisonment, a $5,000 fine or both.

Still being held on a ‘no bail’ status, Lefatia is set for a PX next week.

Lefatia has admitted that he left his holding cell after he was allowed by Pesaeli to do so. He told investigators that he requested numerous times, to Pesaeli, if he could go see his sick son and on the night in question, Pesaeli finally agreed to let him out.

Lefatia said that while he was gone, Pesaeli called and told him to return because everyone knew he had escaped.

BACKGROUND

Pesaeli is not the first cop who has been arrested and charged in connection with Lefatia escaping from confinement.

In August 2018, former TCF Watch Commander, Lomu Mosese was charged following an incident whereby Lefatia escaped from TCF on July 12, 2018 and allegedly shot a man in Leone before he returned to the TCF.

Mosese is charged with criminal fraud and tampering with public records. The government alleges that he tried to cover-up Lefatia’s escape by instructing other officers who were on his shift to “stick to the one story”, that Lefatia was inside his cell the whole night.

Lefatia was transferred from the TCF to the Temporary Holding Cell (THC) at the DPS Central Station in Fagatogo in the beginning of this year, for safety reasons.

Earlier this year in March, another cop, Tuluiga Richard Salanoa, was arrested and charged for permitting Lefatia to escape. Salanoa allegedly ‘felt sorry’ for Lefatia so he let him out for an hour to see his girlfriend.

Mosese and Salanoa’s cases are still pending in High Court.