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Court Report

MAN FROM PAGO PAGO FACING ROBBERY, ASSAULT CHARGES 

 

Moimoi Tualaulelei from Pago Pago is being held on bail of $20,000 on charges of robbery and third degree assault. The defendant who’s represented by Acting Public Defender Douglas Fiaui, made his initial appearance in the District Court yesterday.

 

According to the government’s case, on Feb. 17, 2013 a bystander contacted police for assistance regarding a man who had been assaulted inside the public toilet facility in Pago Pago.

 

Police arrived at the scene and observed the victim with injuries on his facial area, a swollen left eye, swollen mouth and bruises on his lips. The Emergency Medical Services technicians were contacted for treatment of the victim’s injuries.

 

The victim told police he was at a laundromat and was walking towards Evalani's to look for a room for the night. On his way, he went to the tennis court restrooms and was approached by the defendant who asked him where he was from.

 

The victim stated that after the defendant questioned him,  the defendant then kicked him,  causing him to be unconscious. According to court filings, the victim said that when he gained consciousness, he felt pain on his face. He said he managed to get up on his feet and walked to Evalani’s for help.

 

According to the government’s case, the defendant told police he was in a drinking session with his friends earlier. Tualaulelei admitted that he confronted the victim, and asked him where he was from. When the victim told him that he came from Pago Pago, the defendant told him he was lying.

 

Court filings say the defendant repeatedly questioned the victim about where he was from and when the victim gave the same answer, the defendant allegedly kicked the victim in the face. It's alleged the defendant further told police that after he kicked the victim, he punched him in the face repeatedly until the victim was unconscious.

 

Tualaulelei also said he kicked the defendant one more time to be sure the victim was knocked out, say court filings.

 

The defendant then took the victim’s wallet and backpack, which he later dumped into the trash.

 

KRUSE DENIES PLEA IN SEX CASE INVOLVING FOUR MEN AND ONE GIRL

 

The plea deal offered by the government to four men accused of having sexual intercourse with the same 14-year-old girl — still in elementary school— was denied by Chief Justice Michael Kruse during their plea hearing yesterday.

 

Tavita Mariota, Anthony Sioka, Lewis Lokeni and Peni Levi are all charged with rape, sexual abuse first degree and endangering the welfare of a child.

 

Each defendant is held on bail of $10,000 and are all represented by the Public Defender’s office. The plea agreement which had been signed by the defendants was not read in open court, and during the first appearance of the four  at their first plea hearing, Kruse continued the case and asked for more information.  

 

The incident came to light when a truancy officer at the elementary school contacted the police about a possible sexually related case after observing “love bite marks” on the 14-year-old  girl’s neck.

 

During the police investigation, the victim informed police that she had engaged in sexual intercourse with 27-year-old Mariota on March 2012. The government claims Mariota had sex with the girl on several occasions. However, when police spoke to Mariota, he admitted to engaging in sexual intercourse with Jane Doe at his home in Fagaima around Flag Day 2012 only once; and told police that she had slept at his house three times.

 

The second defendant in this case Lokeni 25, is alleged to have engaged in sexual intercourse with the same girl on April 28, 2012 at his house in the village of Fagaima, and left “love bite marks” on the girl’s neck.

 

Jane Doe told police the first time she and Lokeni engaged in sexual intercourse it was behind Mose’s store in Fagaima, and the second time in a deserted building also in Fagaima.

 

Jane Doe further told police that she also had sex with Lokeni on April 17, 2012.

 

Court filings state that Jane Doe’s father told police that Jane Doe swallowed clorox bleach on April 30, 2012, in an attempt to hurt herself. Jane Doe explained to police that she attempted to kill herself after a teacher discovered the love bite marks on her neck on April 30, 2012 and questioned her about them.

 

Police met with Lokeni at his home to investigate the allegations by Jane Doe.

 

Lokeni told police that Jane Doe came on to him, and that he did have sexual intercourse with her behind Mose’s store in Fagaima around April 20, 2012.

 

The third defendant, Levi 21, allegedly had sex with the girl when she was 13-years-old for the first time on Aug. 12, 2011.

 

Jane Doe explained she was approached by Levi who wanted to date her, and on the same day she and Levi had sex . Afterwards she returned to her mother’s residence in another village.

 

Jane Doe told police she returned to her father’s home in Tafuna in October 2011 where she had sex with Levi twice. Levi was interviewed by police on May 2, 2012, where he denied to be the first one to have sex with Jane Doe.  

 

Levi told police that Jane Doe told him she had sexual intercourse with another man before him. Levi admitted he had sexual intercourse with Jane Doe, but only once, during the month of October 2011 in a deserted building in Tafuna.

 

The last defendant in this case is Sioka, 20, who allegedly had sex with the girl in October 2011. She told police on that day, she and Sioka went to an abandoned house where they had sex and they had sex at least four times during the month of October 2011.

 

Sioka during an interview with police admitted to engaging in sexual intercourse with Jane Doe and said the sex was consensual. Sioka told police that when he met Jane Doe, he could not believe how young she looked, but that he thought he might have a chance with her. He admitted to having sex with Jane Doe three or four times between August and October 2011.