Pago Pago, AMERICAN SAMOA — A man who has been a "regular" in Judge Fiti Sunia's courtroom over the past years has been sentenced to 24 months probation under one condition: he has to depart the territory on or before Thurs., Jan. 31, 2019 or he will serve 12 months imprisonment — minus time served — at the Territorial Correctional Facility (TCF) in Tafuna.

Alapati Nansen appeared in District Court last Thursday where he pled guilty to criminal contempt, a class A misdemeanor punishable by up to 12 months imprisonment, a fine of up to $1,000 or both.

The remaining counts of private peace disturbance and third degree assault were dismissed.

According to the government, District Court Judge Pro Temp Gwen Tauiliili-Langkilde had released Nansen — during a prior matter — on June 11, 2018 and he was ordered to remain law abiding, among other conditions. However, when Nansen was picked up by cops on Aug. 14, 2018, he was intoxicated — a clear violation of a condition of release.

Defense attorney Assistant Public Defender Anna Wells told the court that her client is remorseful, and asked that he be placed on probation for 12 months, and be ordered to attend alcohol counseling.

Prosecutor Assistant Attorney General Laura Garvey however argued for a probation term of 24 months.

When given a chance to address the court, Nansen said he was sorry. He asked for forgiveness and said what he did was wrong, and he won't do it again. He said he is tired of 'suffering' and he just wants to go visit his children off island.

In rendering sentence, Judge Sunia said he met Nansen when he first took up the post of District Court Judge. "That's how long it's been," Sunia said. "But it seems that every year since I've been here, you have managed to come see me. That leads me to believe one of two things: you like me, or you disrespect me (because you don't like my decisions)."

According to Sunia, Nansen's frequent appearances in court are an indication that he does not take to heart what the court orders him to do. Sunia said the last time he and Nansen spoke, he specifically asked the defendant what he thought his sentence should be.

"It seemed that everything we said, you didn't want to comply (with),” Sunia continued. "The court thought that perhaps if you sentenced yourself, you might actually serve it out."

But that was not the case.

Nansen had told the court that he quit drinking but Sunia pointed out that last month, Nansen was intoxicated when he was picked up by police. The judge told Nansen that he's been on probation enough times, and has gone through alcohol counseling — but with "no use".

Sunia said he and Nansen's "consistent history" has always included alcohol, or a disturbance Nansen claims is caused by his "disobedient" children. He noted that Nansen has told the court that he no longer consumes alcohol and he has admitted that he can't deal with "disobedient children."

(Nansen told the court he has 12 kids and all are 'disobedient' except for 2, who live off island).

In all of the disturbances for which Nansen was charged, according to Sunia, homes (family lands) were involved. "You have already said that you are not the senior chief of the family. And the court has warned you, that you do not have authority over family lands," Sunia told Nansen.

"Now, it is time for you and me to end our relationship, because it continues at the expense of taxpayers," Sunia said. "It's time for you to go visit your 'obedient children'."

Sunia made it clear to Nansen that he is to depart the territory no later than this Thursday, Jan. 31 and if he doesn't, he will serve 12 months at the TCF. "At the end, you are still ordered to depart the territory." Nansen is not to return to American Samoa at any time during his 24-month probation term.

A fine of $1,000 was also imposed and will be deducted from his bond.