CO-DEFENDANTS MIKE KIM AND MOTAU SAMANI ENTER GUILTY PLEA

Businessman Mike Kim and his co-defendant Motau Samani have entered into a plea agreement with the government, in connection with a sex case that occurred in 2010. Kim was facing conspiracy to commit rape, rape, deviate sexual assault, witness tampering, concealing an offense and endangering the welfare of a child, while Samani faced conspiracy to commit rape, rape, deviate sexual assault and endangering the welfare of a child.

In the plea deal with the government, Kim and Samani will plead guilty to sexual abuse in the first degree, and in return for that plea, the government moves for Associate Justice Lyle L. Richmond to dismiss the remaining charges. According to the plea agreement, Samani admits that on or about June 29, 2010, with the purpose of promoting the commission of an offense, Samani aided Kim by bringing a 17 year old girl to a location where Kim would have unrestricted access to her. Samani then stepped outside the door, while Kim touched the girl in a sexual manner without her consent. Samani admits that his actions were without legal justification or excuse.

With Kim’s guilty plea, he admits that he subjected another person to sexual contact without the victim’s consent. The plea agreement says that each party is free to make their own recommendation, however the defendants understand and accept that sentencing recommendations by counsel are not binding on the court, which has the sole discretion to impose any punishment authorized by law. The pair also understand that in the event the court decrees a different sentence than that recommended by counsel, they will not be allowed to withdraw their guilty plea.

According to court filings, the alleged incident occurred on June 29, 2010 and the victim involved was a 17 year old girl. The government claims that Samani took the victim to Tumu’s apartments where he claimed that he had a job opportunity for the victim.  According to the government’s case, 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.

Kim and Samani will be sentenced on December 9, 2014.

ARONA AMITUANA’I TO BE SENTENCED NEXT MONTH

Arona Amituana’i, who was charged in connection with two criminal cases, has entered into a plea agreement with the government on allegations that he broke into a home and assaulted the homeowner and then resisted arrest. Samoa News notes that the arrest warrant was issued in the defendant’s name in February 2014 for an incident that occurred in November 2013, however he was arrested in July 2014.

In the first case, he faced charges of burglary second degree, two counts of second degree assault, third degree assault and private peace disturbance. In the second case Amituana’i was charged with Public Peace Disturbance and resisting arrest. The defendant in the first case pleaded guilty to second degree burglary and second degree assault while the remaining charges were dismissed, in the second case he pled guilty to resisting arrest while the PPD count was dismissed. 

According to the plea agreement, upon the defendant’s plea of guilt he admits that while in Pago Pago he kicked in the door of a home, pulled his wife’s hair and then hid inside a closet in the house. The homeowner entered the room and saw defendant hiding behind a towel rack, and defendant rushed to the victim with a packet knife and cut him with it.

In the second criminal case the defendant admits that when two police officers arrived at his uncle’s house to serve him with the arrest warrant, he assaulted one of the officers by punching him, and while the officer was on the ground, the defendant continued to kick the officer.

The plea agreement says that defendant further struggled with the officers as they attempted to put him into the police vehicle.

Associate Justice John L Ward accepted the plea agreement and scheduled sentencing in this matter for next month. Samoa News notes the defendant — prior to being arrested for this recent case — had served jail time for a domestic violence case involving his live-in girlfriend (who is the caregiver in this recent case).