Mata’igaga Simona pleads guilty to sodomy, sex abuse dismissed
A man from Samoa who has pled guilty to the felony crime of sodomy has been sentenced to serve 12 months imprisonment and upon release from the Territorial Correctional Facility is to depart American Samoa as soon as possible.
Mata’igaga Simona was initially charged with two felony counts of first degree sexual abuse and sodomy and one misdemeanor count of endangering the welfare of a child. The charges stem from an incident in January this year where he had sexual contact with a 15- year old female victim.
However, under a plea agreement with the government and accepted by the court, the defendant pled guilty to sodomy and the remaining charges were dismissed. For the guilty plea, the defendant admitted that sometime in January this year, he had sexual contact with the 15-year old.
During sentencing late last week, the government informed the court that one request from the victim’s family is for the defendant to be returned to Samoa as soon as possible and to remain outside of American Samoa for a long period of time. The court accepted the request.
The defendant apologized to the court for his crime and sought leniency so he could return to his family in Samoa to take care of them. Defense attorney, assistant public defender Karen Shelly also argued for leniency and for the defendant to return to Samoa as soon as possible and that the pre trial jail time be counted towards any term of imprisonment handed down by the court.
The crime of sodomy is punishable by between 5 and 15 years imprisonment. The court sentenced the defendant to 15 years in jail; however, he was place on 15 years probation under the condition that he serves 12 months imprisonment.
Counted toward the jail term are the pre-trial confinement days, which began on Jan. 29th this year when the defendant was arrested, leaving about 4 months more to serve in TCF.
After the 12-month jail term, the defendant is ordered to depart the territory and remain outside of American Samoa during the 15 years of probation.
The court directed the government to ensure the defendant does not re-enter or attempt to re-enter the territory within the probation period.
The government was also directed that the defendant’s sponsor be found to pay for the defendant’s fare back to Samoa but if the sponsor can not be located, the court ordered the government to pay for the fare and make all arrangements for the defendant to leave Pago Pago after serving the required jail term.
The defendant was also ordered to register as a sex offender and be tested for HIV.
(Original Samoan story in Lali section of today’s Samoa News edition)