Pago Pago, AMERICAN SAMOA — A 32-year-old woman who stole a fine mat (afuelo) from another woman and then sold it to a Tongan individual for $300 to buy food for her children, and later on tried to bribe a public servant with $200 in an effort to falsely change the ownership of a vehicle for her own benefit is going to jail.

Chief Justice Michael Kruse sentenced Sauleli’a Amituana’i, also known as Li’a Amituana’i to serve a period of detention of 20 months, as a condition of her 5 -year probation.

The government charged Amituana’i in two separate criminal cases. In the first case, Amituana’i was charged with stealing and embezzlement, both class C felonies. In the second case, she was charged with attempted stealing, attempted fraud, and bribery of a public servant — all class D felonies.

Under a plea agreement with the government, Amituana’i pled guilty to an amended charge in the first case — stealing, a class A misdemeanor — and count 3 in the second case — bribery of a public servant.

With her guilty plea, Amituana’i, 32, admits that on July 17, 2017, she stole a special fine mat (afuelo) from another woman and then sold it to another for $300. She told police that she needed the money to buy food for her young children.

For the charge of bribery of a public servant, Amituana’i admits that on July 11, 2017, she offered $200 to an employee of the Office of the Motor Vehicles (OMV) in Tafuna in an effort to change the ownership of a vehicle for her own benefit.

Amituana’i further admits that she asked the OMV employee to change the ownership of the vehicle to her husband’s name.

Amituana’i, who remains in custody at the TCF, unable to post a $10,000 bond, appeared in court last week for sentencing.

She was represented by Acting Public Defender Michael White, while Woodrow Pengelly of the Attorney General’s Office prosecuted the case.

When given the chance to address the court, Amituana’i apologized to the court for her actions, and asked for a second chance to be with her children who are living with her mother in Australia.

“I promise I’ve learned a lot since I was detained in prison. I feel remorseful for what I did and I want to go back home to be with my children. At this time, both myself and my husband are detained in prison, and it’s been 10 months since I have been locked up and separated from my young and beautiful children, who are living with my mother in Australia,” Amituana’i said with tears in her eyes.

Furthermore, Amituana’i promised the court that she would never repeat her old life, but is looking for a better future.

“I beg your honor, please, allow me go back home and be with my children,” Amituana’i concluded.

Kruse asked the defendant about how she managed to stay in American Samoa since 2005 when she entered the territory without an approval from the Immigration Board. Amituana’i responded, saying that around April 2005 when she first came to American Samoa, a man by the name of Joe Maluia took her passport and never give it back to her since that day.

“Is Joe Maluia an Immigration Officer,” Kruse asked. Amituana’i replied, “Yes your honor.”

“So you figure that you can stay here because that person Joe Maluia took your passport?” Kruse asked the defendant. Her response was, “That was what I thought. And also, my husband who is my sponsor, never filed for my legal papers so that I can stay here in American Samoa legally.”

Kruse asked the defendant if her husband is a US National, and the defendant responded, yes.

Amituana’i’s attorney asked the court for a probated sentence, saying that his client is a first offender and has young children that need to be taken care off.

Of the case where she is convicted for bribery of a public servant at the OMV, White told the court that according to his client, it was her husband who pushed her to go the OMV and try to change the ownership of a vehicle, after he got the vehicle’s ownership wrongfully.

Prosecutor Pengelly however reminded the court of the seriousness of the defendant’s actions, especially when she stole a fine mat from someone and sold it to get money to feed her young children. While Amituana’i stated that she was truly remorseful, Pengelly said the defendant’s actions speak for her.

According to the government attorney, the Pre Sentence Report (PSR) talks about the many difficult situations the defendant’s family is facing, especially with the fact that she does have so many children but cannot afford to take care of them.

While the husband was the one the defendant depended on financially, things changed in the family when the husband was arrested and detained for disobeying orders of the court from his previous convictions.

For these reasons, the defendant then tried to look for ways to find money for her young children, and finally ended up breaking the law.

Pengelly said that there are many young mothers in this territory who struggle to get money to care for their children, and the defendant is one of them. Furthermore, the defendant is responsible for her own actions.

In closing, Pengelly asked for a probated sentences with conditions that the defendant depart the territory, due to her illegal status.

“There is no sponsor to pay for her fare. Who is going to pay for her return ticket?” Kruse asked the government attorney. Pengelly said that the government would find ways to accommodate the situation.

“How is she going to leave the island if she doesn’t have a passport. Joe Maluia took her passport 12 years ago?” Kruse asked — there was no response from the government attorney.

For the crime of stealing, a class A misdemeanor, the defendant was convicted and sentenced to a term of imprisonment of one year. For the crime of bribery of a public servant, the defendant was convicted and sentenced to a term of imprisonment of 5 years. The sentences are to run consecutively, which means, Amituana’i would serve 6 years at TCF.

Execution of the sentences however are suspended, and Amituana’i is placed on probation for 5 years under certain conditions, which includes serving a period of detention of 20 months at TCF, and upon serving 12 months of her 20 month detention, the defendant is to depart the jurisdiction of American Samoa and remain outside of its borders for the period of her probation (6 years).

BACKGROUND

Sauleli'a Amituana’i’s husband, Suau'upaia Amituana'i, a repeat offender, is serving a sentence of 5 years in TCF, after being convicted of forgery and resisting arrest, both felonies. He was sentenced by Acting Associate Justice Elvis P. Patea on Nov. 29, 2017.