The defense attorney, for an American man accused of the murder of his wife in Tonga, plans to argue this morning for dismissing the local misdemeanor charge against his client, who remains jailed at the Territorial Correctional Facility without bail.

Fifty-three-year old Dean J. Fletcher was officially charged Oct. 4 in the local District Court with one misdemeanor count of unlawfully entering and landing at the Port of Pago Pago, on Oct. 3, without clearance from port officials. The crime is punishable by one year in prison or a fine of $1,000.

According to Tonga-based Matangi Tonga online news, Fletcher escaped from Tonga police custody in late September in Neiafu while awaiting arraignment on murder charges. He left Tonga on his own yacht, the Sea Oak, chased by the police who were unable to apprehend him in Tongan waters.

Fletcher appeared in District Court yesterday where he was expected to enter a guilty plea, under a plea agreement, which was made known to the court during a status hearing last week.

However, at yesterday’s hearing District Court Judge Fiti A. Sunia informed both parties that the plea agreement, which was to have been publicly read in court yesterday, is not appropriate and didn’t meet certain criteria. 

Fletcher’s attorney, assistant public defender Mathoni M. McCormick interjected saying that if that is the case, then the defense is prepared to argue its case to dismiss the charge against the defendant.

Assistant Attorney General Jarard Murphy requested the court to continue the case for another week while the government discusses the matter with the defense.

Sunia responded that the court has made its decision on the plea agreement and the next step now is for both sides to inform the court on what the government and the defense want to do at this point.

However, McCormick reiterated the defense is prepared to argue its case for the charge to be dismissed. Thereafter Sunia scheduled another hearing for this morning for the defense to argue for dismissal of the case and told the government to be prepared for a response to the defense.

Murphy told Samoa News after yesterday’s hearing that because the court didn’t accept the plea agreement reached by both sides, the government therefore will no longer discuss with the defense any new plea agreement except to respond to the defense’s argument today.

Present during yesterday’s court proceedings were three senior police officials from Tonga, who arrived in American Samoa early last week to escort Fletcher back to Tonga to stand trial in the murder of his wife that allegedly occurred on the couple’s boat. According to court documents, Fletcher is from Florida.

Tonga Police Commissioner Steve Caldwell was quoted last month by Matangi Tonga as saying that extradition proceedings have began between the Offices of the Attorney General in American Samoa and Tonga as well as the US Justice Department to extradite Fletcher back to Tonga.

However, Justice Department public affairs office in Washington D.C. has yet to respond to Samoa News’ request for comments. Another round of email questions were sent yesterday morning; however there was no immediate response.

Samoa News reporters Ausage Fausia and Fili Sagapolutele contributed to this report.