Court Report


A step-father has been charged on allegations he sexually abused two of his step-daughters. To protect the identity of the two victims, Samoa News will not name the defendant in this case.
The step-father is charged with sodomy, deviate sexual assault, sexual abuse first degree, incest, endangering the welfare of a child and third degree assault. Samoa News points out that this is the second case filed against the defendant. His first criminal case is pending in the HIgh Court where he’s charged with sex related charges involving his 16-year-old step daughter.
 Bail for the defendant in this new case is set at $50,000 and he is represented by the Public Defender’s office. According to the government’s case, on December 16, 2013 it was reported to police that a 13-year-old girl was allegedly sexually abused by her step-father.
It’s alleged the first incident occurred last month when the defendant touched the girl while she was sleeping alone in her bedroom. Court fillings say the defendant touched the girl in a sexual manner.
The victim further told police that when her mother left for Hawai’i, her step-father got off from work and performed sexual acts on her, and told the victim not to tell anyone.
Faletoi Tuia will be sentenced on January 30, 2014 after she pled guilty to misdemeanor embezzlement for taking money belonging to a church women’s fellowship from Failolo. She was initially faced with felony stealing and felony embezzlement, however in a plea agreement with the government, Tuia pled guilty to the amended charge of embezzlement, while the stealing count was dismissed.
Associate Justice Lyle L Richmond accepted the plea agreement.
During the plea hearing, the defendant admitted that between February and July 2012, when she was treasurer for the church women’s fellowship, she stole $1,226, by withdrawing money that belonged to the church organization. The woman stated before the court that she had family obligations, which led to her use the money that did not belong to her.  However, in October she paid back the money that belonged to the church, Tuia said.
A man from Nu’uuli charged in connection with a drug case has entered into a plea agreement with the government. Joseph Ilemaleota was charged with one count of unlawful possession of controlled substance of marijuana, however in a plea deal with the government the defendant pled guilty to the amended charge of unlawful possession of marijuana, a lesser charge.
Ilemaleota was sentenced to five years in jail, however the court suspended the sentence and placed him on probation under the  condition he serve 20 months. The court then stated that four months would be a sufficient amount of jail time in this matter and stayed the 16 remaining months.
He was also fined $1,000 to be paid within six months and he must seek employment as part of his probation.
The defendant has been incarcerated for three and half months. Ilemaleota pleaded with the court to give him another chance so he can return home and care for his parents and get a job. Fiti Sunia told the court that this is out of character for Ilemaleota and unlike him to be involved in such incidents.
The prosecutor Assistant AG Tony Graf concurred with defense counsel that Ilemaletoa should be placed on probation. Associate Justice Lyle L Richmond said the court had considered what the probation report stated — that this is out of character for Ilemaleota.
According to the government’s case, police received information from a Confidential Informant (CI) that Ilimaleota was selling drugs he was getting from Manu’a. Court filings say the CI told police he met the defendant at a party in 2012 and they became friends.
“The CI heard Ilimaleota talk about how he gets marijuana from a family member in Manu’a and upon receiving the marijuana, Ilimaleota (allegedly) hand-rolls the marijuana and sells it in Tutuila.”
It’s alleged the CI informed police that he saw marijuana at the defendant’s residence in Nu’uuli and that the defendant would be getting more marijuana, allegedly from Manu’a.
The CI told police that he witnessed Ilemaleota carrying around a small box which contained close to 100 marijuana joints and was selling it on the street. At the execution of the search warrant on the defendant, police found a baggie of marijuana. Court filings say that the defendant admitted to police that the baggie of marijuana found was his and it was sent from his family member in Manu’a.
Polagi Vaimoe, who was arrested last Christmas day and pled guilty to second degree assault was sentenced to a probation period of five years. The defendant apologized for what he did and pleaded with the court to be lenient when handing down his sentencing.
He said his parents are still providing food for him because he’s in jail, yet it should be the other way around — that he’s the one who should be caring for his parents.
The defendant told the court that he will not repeat this behavior and will not consume alcohol anymore. Associate Justice Lyle L Richmond sentenced the defendant to five years in jail, however he stayed execution of sentence and placed him on probation for five years. He was also ordered not to consume alcohol or drugs, nor can he congregate with those consuming alcohol.
According to the government’s case, the victim reported that they had been playing pool when three male individuals (who they had never seen before) approached and wanted to play pool. It’s alleged all three men were under the influence of alcohol.
Vaimoe was among the three men. It’s alleged the three men grabbed cue sticks and started shooting the balls off the pool table to the ground. The victim noted that the cover of the pool table was ripped, and they told the three men to leave.
It’s alleged the three drunk men walked away from the pool hall area and stood on the road throwing rocks towards the house with the pool table and the apartments. The victim said when he exited the house he was struck on the head with a rock thrown by Vaimoe. 


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