YOUNG MAN JAILED FOR SEVEN YEARS IN SEX CASE

Despite recommendations by both defense and the government to place Feliua’i Liu on probation, Chief Justice Michael Kruse did not accept it and sentenced the defendant to seven years in jail, pointing out the court is concerned about the victim in this matter, who’s only 16 years old. Liu is charged in connection with a sexually related case involving a girl from his church.

During sentencing the defendant apologized for his actions noting how he’s remorseful. He apologized to the victim and her family, his church, his family and his parents for denigrating their family’s good name.

Liu’s pastor also testified before the court, that he believes Liu is a potential pastor in the future, as he’s very talented not only as part of the youth but he can also preach from the Bible.

Assistant Public Defender Mike White asked the court to place Liu on probation and Assistant Attorney General, Jessica Bargman did not object to probation.

However Kruse said despite recommendations from both sides, the court is concerned by the age of the girl involved. He told the defendant that if he wants to get out early he can wait for his turn before the parole board. Liu was ordered to register as a sex offender and to undergo HIV testing as part of the local statute on sex offenders.

SENTENCING FOR COLIN BODE POSTPONED, PLEA DEAL UNDER ADVISEMENT 

Chief Justice Michael Kruse has granted another continuance in the case between the Attorney General’s Office and drug defendant Colin Bode who’s charged in two separate drug cases. The plea deal offered by ASG is in connection with the first drug case against Bode, where he’s charged with unlawful possession of marijuana.

The continuance came from Mark Ude who is defense counsel in this matter. In the first drug case against the defendant, court filings say Bode was waiting in line to present his passport when customs K9 “Jordan” alerted near him.

Court records say he was taken out of the line into a room where he was searched and two baggies of marijuana were found inside his pants. Police then took over the case and proceeded with Bode to the police station where he was advised of his rights. 

At the time of the plea agreement, the defendant pled guilty to unlawful possession of marijuana. This count carries a jail term of between five to ten years and/or a fine of up to $20,000. Kruse asked the defendant if he’s aware of the penalties of the charge he was pleading to — that there’s a minimum of five years and the defendant replied, yes, he was aware.

There was no indication of the status of the second drug case filed against the defendant when this plea agreement was rendered before the High Court this week.

The second case against Bode charges him with unlawful possession of a controlled substance of methamphetamine. According to the government’s case, on Mar. 11, 2013 the Vice and Narcotics Division with the Department of Public Safety received a call from Customs requesting the police to come over to the Airport with a methamphetamine test.

Court filings say that upon arriving at the Customs Office, the Chief of Customs immediately informed police that another customs agent had briefed him earlier. The agent said that she had visited her relative, Tolupo Hodges, who is incarcerated at TCF, also on drug charges.

The customs agent's relative told Customs that in addition to the marijuana which the police had confiscated, there was also methamphetamine, which they had not found.

The female customs agent proceeded to the airport, and later called the Chief of Customs via telephone, saying she had found something in a cardboard box with their Custom Inspection tapes.

Kruse scheduled this matter for October 03, 2014. The plea deal is still under advisement pending the probation report.

MAN JAILED ON WEEKENDS FOR ASSAULTING HIS WIFE

District Court Judge, Elvis Pila Patea sent a man to jail for four weekends (starting last Friday, September 12, 2014) to be released on Sundays, following his conviction for third degree assault in connection with assaulting his wife. In the interest of protecting the victim’s identity, Samoa News will not name the defendant in this matter.

According to the government’s case, the wife contacted police for assistance in July claiming that her husband took off in her parent’s vehicle and left with their son, after he punched her in the face. The wife told police that she got into a verbal argument which led into a fight, and then the defendant punched her. Police proceeded to look for the defendant at his family home in Vaitogi.

The defendant told police that he woke up to his wife being mad, they argued and started throwing things in the house and then he slapped her. During sentencing last week, the defendant, who pleaded guilty to third degree assault, was sentenced to 24 months probation, under certain conditions. He shall visit the probation office once a month, shall not consume alcoholic beverages, and he shall attend and successfully complete anger management counseling. He was ordered to spend four weekends in jail and to pay a $200 fine.  This defendant is also an Immigration officer who is a repeat offender in the District Court.