Court Report


A woman in her 20’s lost her eye after her brother allegedly struck her face with a hammer Tuesday night. Harry McCarthy was arrested the same evening and made his initial appearance in the District Court Wednesday morning. His bail was set at $30,000 and he’s faced with first degree assault charge, a felony.
The incident is alleged to have occurred in Pago Pago. According to the government’s case, the defendant, who was intoxicated, was arguing with his sister when he grabbed a hammer and struck the girl on her face. The girl, who lost her eye, underwent emergency surgery due to the severity of her injuries.
The defendant will appear before the District Court today to see if the government will be amending charges in this matter. McCarthy is represented by Assistant Public Defender Matthew Trick while Assistant Attorney General, Tony Graf is prosecuting for the government in this matter.
Fa’afetai Siaulaiga was sentenced to serve 20 months in jail as part of his five-year probation when he escaped from police custody while at the court house last year. The defendant was initially charged in connection with the death of Sio Faumui on June 2011.
Siaulaiga was the last of the four to be charged in this matter and when he appeared in court for his initial appearance in December 2012, he took off from police. The government then charged him with a second count of escaping from police custody.
The government charged the defendant with criminally negligent homicide and escaping from police custody, however in a plea agreement the defendant pled guilty to the escape charge while the homicide count was dismissed as part of the plea.
During sentencing the defendant apologized for what he did and asked the court for a chance to better his life, so that he can continue to care for his family, his wife and their child.
His attorney, Fainuulelei Ala’ilima-Utu asked the court to take the recommendation made by the Probation office in their pre sentence report to place the defendant on probation.
The defense counsel said the defendant ran away from police custody because he wanted to see his wife and son, however the defendant has learned a lesson from his wrongful actions.
Deputy Attorney General Mitzie Jessop told the court there is no excuse for the defendant’s actions of running away. The prosecutor said anyone who is arrested and charged should not have any reasons to run away, but must remain in jail.
Chief Justice Michael Kruse sentenced the defendant to five years in jail, which was suspended and he’s placed on probation on the condition that he serves 20 months in jail, and be credited for time already served (13 months).
He was also ordered to remain a law abiding citizen  and visit the probation office once he’s out of jail.
The government claims that during his initial appearance for the homicide case, when the inmates were leaving the courthouse heading to their van to be transported back to the Tafuna Correctional Facility, Fa’afetai took off on foot. He then caught a bus from Fagatogo and police officers went after the aiga bus in which the defendant was riding. Fa’afetai was apprehended at a police roadblock in Nu’uuli.
The jury trial for Mike Kim and Motau Samani is now scheduled for next month, March 29, 2014 in connection with sexual charges involving a minor in 2010. This case has been pending before the court for several years now.
The businessman is facing, among other charges, conspiracy to commit rape, while Samani is facing five counts which also include conspiracy to commit rape. The trial date was scheduled by Associate Justice Lyle L Richmond, who was accompanied on the bench by Associate Judge Mamea Sala Jr.
According to court filings, the alleged incident occurred on June 29, 2010 and the victim involved is a 17-year old girl. It’s alleged Samani took the girl to Tumu’s apartments where he claimed that he had a job opportunity for the victim. 
The government’s case claims Samani left the girl at Tumu’s apartment where Kim allegedly had sex with her. According to the victim when the businessman was done, he gave her $100.
The third defendant in this matter, police officer Apisai Atoe, is accused of allegedly trying to cover up the alleged sexual incident when he asked the victim’s father to go to the police and withdraw his complaint against Kim. Atoe is charged with witness tampering and concealing an offense.
Deputy Attorney General Mitzie Jessop said the government’s case against the police officer will follow after the trial for his co-defendants Kim and Samani. Kim is being represented by Fiti Sunia, while Samani is represented by Assistant Public Defender Joel Shiver.


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