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Three TCF escapees tell court they walked because they were hungry

American Samoa High Court building
Kruse says prison management is not the function of the sentencing court
blue@samoanews.com

Pago Pago, AMERICAN SAMOA — Chief Justice Michael Kruse has continued for two weeks the sentencing of three inmates who escaped from the Territorial Correctional Facility (TCF) last July.

During court proceedings last Friday, Kruse heard from Luaao Fagota a.k.a. Andrew Peters, Jason Isaiah Muasau, and Vatia Tugaga — all were represented by Assistant Public Defender Ryan Anderson.

The three men claim they escaped from confinement because they were hungry, as they were only given tea for three straight days.

Anderson asked the court for a sentence less than what the Probation Office recommended for Peters, saying his client recognizes that what he did has consequences, but he left the prison because he was hungry.

Anderson said the men ate, they didn't commit any crimes while they were out of custody, and they "voluntarily" returned to the TCF in less than 24 hours. The defense attorney said that while the conditions at TCF have improved, they have a long way to go, to meet the constitutional standards.

When given the chance to speak, Peters told the court that they are served tea in the morning, at noon, and at night. He said there's food, but it is not prepared. He claims that the supply is available but the inmates are charged with cooking the meals so it is up to them how to prepare the food, and how much is made.

When Kruse asked why he was in jail, Peters said he had assaulted a man at the Karaoke Bar and he is serving 7 years for it.

Kruse wanted to know if Peters had told anyone he was hungry before he walked out. Peters said no, adding that "a lot of us were hungry and we all made a plan to go to my house to eat."

When asked why his family couldn't drop the food off to TCF, Peters said they are not allowed to use the phone "in the front" to call their families. He also claimed that inmates are not allowed to go to the LBJ Hospital when they request medical assistance.

Peters apologized to the court, saying what he did was wrong. He said he will be patient, and the next time he goes hungry, he will read the Bible and pray for strength so he can serve out his sentence.

His co-defendants, Muasau and Tugaga told the same story in court.

According to Muasau, 34, a lot of inmates walk out but they just haven't been caught. He said their intent was not to steal or commit any crimes the day they left, they just wanted to go eat and return. He said he knows he is serving a significant sentence and he will never escape again.

When Kruse asked Muasau if he was intoxicated upon his return to TCF, the defendant said yes. He said when he walked out, he met up with some friends "in the back" who offered him beer and he said yes.

Tugaga also said the only reason they walked out was because they were hungry.

When asked for an opinion, Assistant Attorney General Laura Garvey said that based on the circumstances, she will concur with the recommendation that probation be handed down.

Kruse took a while pondering on what to say next. A recess was called.

When court reconvened, Kruse said the management of prisons is not the function of the sentencing court. He said the sentencing court addresses the problem and ascertains why a certain defendant did what he did. The goal, according to him, is to explore some sort of remedy by way of encouraging changes, or "reformation".

According to the Chief Justice, prison management is the governor and executive branch's job but "what peaks our interest" is the fact that "going for a walk" is a "common occurrence" at TCF.

He said these are some questions that come to mind: Is it a shortfall in security measures? A shortfall in prison/personnel management? Are inmates getting hungry to the point where they take measures in their own hands? Or is it simply a matter of resources allocation, overall?

Kruse said his point is not to lecture, but to find ways to "minimize" the occurrences of inmates "walking out".

"Sometimes it's not healthy for the community because it is the community that ends up getting hurt," he said.

Kruse told attorneys from both sides to "think about it" and see him in chambers when court is adjourned.

The matter is continued to Feb. 8

BACKGROUND

Peters' criminal history dates back to 2012 when he was convicted of stealing an iPhone belonging to a taxi driver; and in 2014, he stole a case of beer from an Asian store in Pago Pago.

Muasau and Tugaga are each serving 27-year sentences — since 2011 — for assaulting a man in his 70s while he was sleeping on board his yacht. The court convicted the pair of 1st degree assault, a class A felony.