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Families rallied around Kruse couple calling for mercy

Letters testifying to the character of John Emil Kruse and his wife Elaine were submitted to the federal court in Washington D.C. as part of the defense attorneys’ request for leniency with no jail term for the couple, and asked that the couple be allowed to return to American Samoa, where press coverage of the Kruses’ case was “widespread and highly unflattering.”

 

The letters further pointed out what had already been cited by defense attorneys in their sentencing memorandums — that John had suffered from “sleep apnea” since 1998, and requires a Continuous Positive Airway Pressure (CPAP) machine whenever he sleeps; while his wife suffers from depression, which is noted in the federal Pre Sentence Report.

 

Additionally, Mrs. Kruse has agreed to seek professional help after sentencing for her depression, which in recent years she has attempted to address without outside help.

 

Defense attorneys also stated that press coverage of the Kruses’ criminal case within American Samoa “has been widespread and highly unflattering." Further, both privately and publicly, the Kruses “have experienced great shame for their actions” in this case.

 

“Such collateral consequences will more than adequately deter others from committing such acts, and also validate respect for the law, particularly when combined here with the massive restitution order that is forthcoming, and the Kruses’ obvious loss of prestige, position, and reputation – without the need for the Kruses to also serve a prison sentence beyond... other consequences,” the defense argued in the sentencing memo.

 

John Kruse, who is also the government's chief procurement officer, entered a guilty plea, along with his wife last Thursday in federal court, for converting federal funds — nearly $400,000 of Section 1602 money — for their personal and business use. Each was sentenced to 48 months probation and eight months home confinement.

 

Total restitution of $399,936.48 is to be paid to the victim, which is the U.S. Treasury Department, according to court documents.

 

According to the plea agreement, the defendants admitted that they used federal funds from Section 1602 to cover personal loan payments, mortgage payments for a condominium in Hawai’i, wire transfers on behalf of their beverage importing company and other personal and professional expenses unrelated to the federal program.

 

LETTERS OF SUPPORT

 

In their sentencing memorandums, attorneys for the Kruses also included letters of character support from local and off island individuals — all asking the court for leniency instead of jail time.

 

For example, Pastor Donald O. Kruse of Cornerstone Assembly of God, said that his brother John is “forthright and very honest.” He noted that while John and Elaine have pled guilty to the offense, “I still value their relationship and still believe in them. Please your honor have mercy on them.”

 

Tiva Kruse-Thomas described John as a caring brother and adamant about doing things right. “He is quite the perfectionist. He believes in hard work and I can vouch for this because I used to work under John when he ran our family business,” she wrote.

 

She also wrote a separate letter for Elaine, who she described as “one of the most honest and diligent women I’ve ever come across” and also a “hard worker.”

 

The couple’s son, Johann Kruse shared with the court how hard his parents work and the guidance he received from them, saying he also depends on them. “My only wish... is to see our family become stronger again after this is over. I humbly ask your honor to please have mercy on my parents, they are truly sorry for what they have done. They are good parents and outstanding citizens,” he said.

 

Dr. Fred J. Uhrle Jr. described his brother-in-law John as “a conscientious, trustworthy and dignified man who has made a mistake in understanding and managing the 1602 funds…He is not a threat to society and I humbly ask that he not be taken away from his family and village, depriving them of a valuable member of society.”

 

In a separate letter Dr. Uhrle said, “Elaine does not take, but always gives of her self, not only to friends and family but also to her community” adding that the charges against her are “definitely not in keeping with her character and not at all something she would do knowingly.”

 

Vincent Giles Kruse tells the court his uncle John and auntie Elaine signed a plea agreement, in order to accept responsibility for their role in breaking federal law. He also says that he believes the community would benefit if the couple is given probation to continue working in order to support the family.

 

Vincent Kruse also revealed his professional dealings with John Kruse, saying that he was the attorney assigned to the Procurement Office. (Vincent Kruse is an assistant attorney general with the Attorney Genera’s Office.)

 

There were separate letters from Elaine’s siblings — including one from Dr. Stanley Gurr Jr. , who describe his sister as a “kind, honest, loving and respectful person” and that “her heart is always in the right place.” Elaine’s other siblings spoke of how she cared for their parents, and other family members. “She is the eldest sister and has watched over her siblings and cared for us in our youth and still does not hesitate to help any of us, even now,” said one sibling.

 

In asking for no jail term, defense attorneys in their sentencing memos pointed out that the Kruses have no criminal history, will not re-offend again, and probation will allow them to make restitution to the federal government.

 

Mrs. Kruse’s attorney says the defendant “is not a wealthy woman” and it was her financial difficulties that landed her in court. The defense points out that Mrs. Kruse’s family and friends have implored the Court to exercise leniency and impose a sentence that will allow her to return to them and to society and with all the years of her life left, to continue the good works for which she is known.

 

SUPERVISION OF PROBATION CONDITIONS

 

Court records show that the federal office of probation in Honolulu will oversee the supervision of the probation for the defendants and that the U.S. Marshals Service has been directed to make and pay for travel arrangements and other expenditures to enable the Kruses to return to the territory.

 

Regarding the eight months home detention, the defendants are restricted to their residence at all times except for employment, education, religious service, attorney visits, or other activities as pre approved by the Probation Office.

 

The defendants are also restricted to their residence every day during that home detention period from 10p.m. to 6a.m., which may be enforced by telephone confirmation methods.

 

The Kruses are to provide the Probation Office their income tax returns, authorization for release of credit information and information about any business or finance in which they have a control or interest until all restitution is satisfied.

 

Regarding restitution obligation, court documents say the defendants shall “immediately” pay the restitution; however, the Kruses shall pay the balance of restitution owed of no less than $150 each month and provide verification to the Probation Office.

 

On financial restrictions, the defendants are prohibited from incurring new credit charges, opening additional lines of credit, or negotiating or consummating any financial contracts without the approval of the Probation Office.

 

Samoa News understands the couple is still off island but are planning to return soon. in the meantime, Gov. Lolo M. Moliga has said until he is officially notified of John Kruse’s conviction he is doing nothing about the directorship Kruse holds with the government, as Chief Procurement Officer. Lolo told Samoa News last week, that upon formal notification, he will then turn the issue over to his chief counsel for review on the matter. (See Samoa News story in Feb. 06, 2015 issue.