Court Report


Kaio Levao, who entered a guilty plea before Chief Justice Michael Kruse last month in a sex related case, was sentenced last Friday to time serve and fined $1,000. Levao of Fagatogo, was initially scheduled for a jury trial. However, earlier last month the Public Defender filed a plea agreement with the court in this matter.
Levao 45, was initially charged with sexual abuse first degree, third degree assault and public peace disturbance and he entered a guilty plea to attempted sexual abuse first degree a misdemeanor which was amended from the first degree sexual abuse count, while the government moved to dismiss the remaining charges. Kruse accepted the plea agreement and scheduled sentencing for next week Friday.
According to the government’s case a 19-year-old female filed a complaint of being sexually assaulted by Levao, when she went to return videos to a store in Fagatogo. According to the government’s case, Levao told police that he thought that because the victim had already given birth, it was okay for him to touch her inappropriately. He admitted to touching the victim in both incidents. 
Faasega Moananu facing charges of first degree Assault and Public Peace Disturbance allegations that he struck another man with a PVC pipe was arraigned in the High Court last Friday, before Chief Justice Michael Kruse. The Public Defender’s Officer represents Moananu.
During arraignment the defendant through his attorney, Acting Public Defender Mike White entered a plea of not guilty to the charges filed in this matter. The defendant also waived the reading of his rights and charges against him during his arraignment.
Kruse scheduled a pre-trial conference on this matter on July 15, 2013.
According to the government’s case the incident occurred over the defendant’s son cutting the hair of the victim, while he was sleeping. The victim awoke, noticed it — so he slapped the defendant’s son, which resulted in the defendant attempting to choke the victim, at least three times. 
Court filings say, while the victim kept apologizing, the defendant allegedly grabbed a long metal object and struck the victim on his left arm seven times and also on the head. The victim then became unconscious. It's reported police found the weapon allegedly used in the incident. 
The victim was treated at the hospital and released. Court filings say, people in the area witnessed the incident taking place.
District Court Judge John Ward will hear today if Mark Mulipola will proceed with a preliminary examination in District Court. Mulipola is charged with first degree Assault and Public Peace Disturbance. He’s accused of striking his father with a machete.
The incident occurred in the village of Malaeimi, say court filings.
The initial PX hearing was continued from last Thursday after Assistant Public Defender Karen Shelley requested the court for a continuance noting the defendant needed to undergo mental evaluation to determine if he’s competent. Ward granted the request and scheduled the PX selection for this morning.
Mulipola is held at the Tafuna Correctional Facility on bail of $150,000. The Assault count is a class A felony that is punishable up to life imprisonment, or a jail term from 10 to 30 years.
According to court filings, the defendant is mentally challenged, and was apprehended and placed under police custody at the Tafuna Correctional Facility. Court filings allege the defendant used a machete to strike his father several times.
The father is currently in the LBJ surgical ward, following emergency operations performed due to the severity of his injuries. 
Family members told Samoa News the defendant has a history of mental issues.


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