CJ DENIES ASG’S MOTION TO CONSOLIDATE MAJOR SEX CASE

Last week Thursday, Chief Justice Michael Kruse denied the government’s motion to consolidate three separate cases against Hanipale Malae, his wife Asenati Malae and one of the girl’s who was a victim but later changed her story, denying anything happened.

Hanipale is charged with two counts of rape, two counts of sodomy, two counts of deviate sexual assault, two counts of sexual abuse first degree, sexual assault, endangering the welfare of a child, third degree assault and furnishing pornographic material to minors, on allegations that he had assaulted three girls physically and sexually.

His wife, Asenati Malae, is charged with tampering with a witness and concealing an offense while Fa’aso’oso’o Sosaiete has been charged with tampering with a witness and destroying evidence. The motion was filed by Deputy Attorney General Mitzie Jessop noting that combining these three cases will save the court’s time and resources as well as the prosecution’s time, and the three cases stemmed from the same incidents.

Kruse denied the motion. In the meantime, Hanipale’s case is scheduled to go before a jury trial later this month.

 In Hanipale’s case the government claims three girls from Savai’i lived with Hanipale and his wife in Manu’a and the incident came to light when one of the girls ran away from the defendant’s residence saying that she had been assaulted. She was picked up by Manu’a police officers the next day and was taken to the hospital for treatment. While at the hospital, the girl, “FS” informed police she had also been sexually abused by the defendant along with two other females who also lived with him.

In Asenati’s case, the court says that witnesses and victims were subsequently taken into the government shelter where alleged improprieties regarding witness tampering by Mrs. Malae came to light.  The alleged witness tampering involves money and food given to one of the witnesses-victim’s mother by Mrs. Malae, who allegedly also paid for the mother to come to American Samoa.

Asenati, according to court filings, admitted she “prepared a box of food items” for Sosaiete’s mother “for her return trip to Savai’i as well as a gift in the amount of $500.”  

As for the charge of concealing an offense, the government claims Asenati admitted verbally and in a statement that she “smuggled” a cell phone into the TCF for her husband. Sosaiete was implicated when she contacted the police telling them she wishes to rewrite her statement in this case. 


VILITONI “SONY” TUIA FACES ADDITIONAL CHARGE IN DISTRICT COURT

A Tafuna man accused of stealing a cell phone from Bluesky’s display case has allegedly assaulted another inmate while incarcerated.  Vilitoni Tuia allegedly assaulted the inmate for complaining the cell was too hot.

This new case was filed in the District Court, where Tuia was charged with public peace disturbance and third degree assault. In the assault case, the defendant last week pled guilty to third degree assault while the government moved to dismiss the PPD count.

District Court Judge John Ward asked the defendant why he assaulted the inmate, and the defendant responded that the inmate was making too much noise, complaining too loudly. Ward in this case sentenced the defendant to 90 days in jail. The case pending against Tuia charges him with stealing, on allegations that he stole a Nexus 5LG touch screen cell phone valued at $499 from the display case in the Bluesky store at Laufou Shopping Center. 

Court filings say the defendant allegedly walked behind the counter and removed the cell phone from the display case, came back and sat next to a woman and told her that he works for Bluesky and he was the one doing the Roadshow for Bluesky.  The company employees confirmed with police the defendant is not an employee with Bluesky. In a written statement to police, the woman stated the defendant removed the cell phone and left with the phone the same day.  

According to the government’s case, police spoke to the defendant, who confirmed he was present at Bluesky on the day in question, however he did not remember taking a cell phone from the store.