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Pastor found not guilty of sodomy, sexual abuse and incest

American Samoa High Court building
Only found guilty of endangering the welfare of a child
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — After almost 6 hours of deliberation Wednesday afternoon, a six-member jury delivered its verdict in the trial of a church pastor accused of sexually abusing his 13-year-old biological daughter.

The 56-year-old pastor, who has also worked as an engineer at Fletcher Construction for over 5 years, was found not guilty of sodomy, 1st degree sexual abuse, and incest — all felonies — but found guilty of a class A misdemeanor —  endangering the welfare of a child.

The defendant didn’t react much when the verdict was read, turning to the right and shaking hands with his defense team,  Assistant Public Defenders, Rob McNeill and Ryan Anderson, and the defense’s lead investigator, Paepaetele Suisala Jr.

His wife and three children, who were sitting a few feet behind him inside the courtroom, were all in tears when they heard the verdict.

Sentencing is set for Nov. 2, 2018. Meanwhile, the defendant is still out on bond.

(Samoa News is withholding the defendant's name, to protect the identity of the minor involved).

CLOSING ARGUMENTS

Prosecutor Jason Mitchell told jurors that they need to figure out who is going to gain and who is going to lose. What the victim gained was the chance to tell her story, however, what she lost is that the world now knows about her private life.

Mitchell said the victim told her story seven times. She told her guardian mother, the police, members of the Department of Human & Social Services (DHSS), a doctor at the LBJ, her guardian father, and the court through a sworn statement.

He said the victim testified at a hearing in District Court last year, and in May of this year, she flew in (from the US) to give her sworn testimony. She did the best she could to put the truth out.

“How do we know the defendant committed these crimes?” Mitchell asked the jury. “She told her story multiple times to several people including her guardian mother. She did not wait until the next day, but right after the alleged incident occurred, she took a shower at her biological father’s house, went home to her guardian mother and immediately told her what happened.”

The prosecutor reminded jurors of the facts the defense did not dispute: that the victim is a 13-year-old girl, she lived with the defendant during the time of the alleged incident, she said everyone slept inside one room on the night of Dec. 6, her biological mother left for work around 4:00 a.m, and the defense’s witnesses said the victim slept with the defendant on the defendant’s bed.

Mitchell said the reason why the defense disputes the main fact of the case — that the defendant allegedly sexually abused the victim — is because they don’t want the jury to consider the issue.

“The victim slept with the defendant on his bed, and it was at that time while the victim was sleeping that she felt someone sexually touching her private parts. She woke up and found the defendant between her legs,” Mitchell told the jury.

He asked jurors to find the defendant guilty on all four counts against him.

“In my opening argument, I told you that my client did not commit these crimes. Nothing, nothing has ever been said that can change the facts of this case,” McNeill said.

According to him, the case filed by the government against his client is serious, and serious charges demand the most serious evidence.

“What they have brought to you is the testimony of a police officer, who was not the lead investigator who started the whole investigation into this case. They failed to present to you a single piece of physical evidence. They did not video tape the interview between two police officers and my client, nor do they have an audio tape of the alleged confession by my client. All they said was, here is the piece of paper, copy these words down to be your confession,” he told the jury.

According to McNeill, there were five people who were in the room on the morning of the alleged incident, and the government did not bother to interview any of the defendant’s three children about the case, nor did they visit the home where the alleged incident took place.

“I find it incredible that the American Samoa Government charged my client with a very serious crime but failed to present to you the highest evidence that can support what they believe happened,” he stated.

One of the most entertaining parts of DPS Officer Misi Leo’s testimony, according to McNeill, was when he admitted to the jury that his client needed help and Leo helped him spell the words.

“Where is the lead investigator?” McNeill asked. “The government should bring him in to tell us what he found when he first interviewed my client. Nobody knows what happened during that first interview.”

He pointed to discrepancies in the victim’s statement to police and to the LBJ Hospital doctor. She told them she was screaming and begging for help when her biological father sexually abused her; however, in her sworn statement, which was presented to the jury, she said she was normal and did not scream during the time of the alleged incident. Afterwards, she took a shower, went home, and told her guardian mother.

McNeill noted that according to the government, the victim told her story seven times, yet they did not call all the witnesses that heard the story. They failed to call staff members of DHSS, the guardian father, and the guardian mother to testify.

“You know the facts and you should ask yourself, how can I find my man guilty for something he never did? There is no single piece of evidence the government presented to you to prove their burden," McNeill told jurors.