MALUIA JR TO BE SENTENCED NEXT MONTH

Chief Justice Michael Kruse has scheduled sentencing for Mulu Maluia Jr for next month following his change of plea. Held on bail of $15,000 Maluia Jr was charged with first degree burglary and stealing, and is being represented by Assistant Public Defender Mike White while prosecuting is Assistant Attorney General Robert J Pickett. 

During the change of plea, defendant pled guilty to the stealing count and in return, the government moved for the court to dismiss the more serious charge of first degree burglary.

The agreement contains the normal legal caveat for sentencing, including that he understands and accepts that in the event the court decrees a different sentence than that recommended by counsel, defendant will not be allowed to withdraw his plea of guilt.

According to the government’s case, on Dec. 20, 2014, a man reported to the police that the defendant had broken into his residence in Nu’uuli. It's alleged that a cell phone and an iPad were stolen from the house. The homeowner said he knew the defendant from prior interactions relating to volleyball.

The stealing count is a class C felony which carries a jail term of up to seven years in jail, a fine up to $5,000 or a fine equal to twice the amount of gain from the commission of said crime up to $20,000 — or both fine and imprisonment.

Chief Justice Michael Kruse accepted the plea agreement, dismissed the burglary charge and scheduled sentencing for this matter on October 9, 2015.

KRUSE POSTPONES PLEA IN MACHETE CASE

Aunei Muamua, facing charges of first degree assault and third degree assault in connection with a case involving a machete, was before the court yesterday for his change of plea hearing. The defendant was arrested and charged in July following an incident that occurred in Pago Pago.

According to the plea agreement that was read in open court, the defendant was to enter a guilty plea to the amended count of second degree assault instead of first degree assault. Upon his guilty plea, the government moved to dismiss the misdemeanor assault.

However, when he was asked by Kruse regarding his change of plea, if he had received a copy of the criminal charges filed against him, the defendant stated no.

His attorney, Assistant Public Defender Mike White, in response, said the defendant did receive a copy. When Kruse asked, the defendant as to when he received it, the defendant replied “yesterday”.

The Chief Justice then moved to postpone the matter and rescheduled the change of plea hearing for today.

According to the government’s case, police were informed that there were two victims in this case. When the victims arrived at the hospital they were examined and one of the victims had sustained a 9cm length and 3cm in depth avulsion, which took many stitches internally to close the wounds.

Court filings say that the first victim was sleeping when he heard a vehicle engine revving in front of his house, around 4a.m. The first victim then approached Muamua as to why his car was revving, but the defendant did not reply. 

It's alleged the first victim went back inside his house and upon returning, defendant swung a machete at the victim which landed on his face. He also allegedly struck the second victim on his right hand with the machete.

WOMAN CHARGED IN SEX CASE OFFERED PLEA DEAL 

A woman has been charged — together with a man, in separate cases — on allegations that each defendant is accused of sexually assaulting the same girl on the same night, as well as on separate occasions.

Nicholas Kuka and the 22-year old woman, are each held on bail of $20,000.

Kuka has since entered a guilty plea in this case, which is being prosecuted by Assistant Attorney General Russell Smith, and the defendants are represented by the Public Defender’s office. 

In the interest of protecting the victim’s identity, Samoa News will not name the woman defendant in this case, as she is closely related to the victim and lived in the same house with the victim when the alleged incident occurred. 

The woman defendant, who is 22 years old, is facing charges of sodomy, deviate sexual assault and sexual abuse. The sodomy count is a class B felony punishable from five to 15 years in jail, while the deviate charge is a class C felony and it carries a jail term of up to seven years, a fine of up to $5,000 or both, while the sexual abuse count is a class D felony, punishable with up to five years in jail, a fine of up to $5,000 or both.  

Court filings say that police spoke to the victim, who stated that while she was at home sleeping she felt her sister (who is her cousin) touching her inappropriately on her private parts. This is alleged to have occurred on April 22, 2015.

The female defendant’s change of plea hearing is scheduled for this Friday, as the government has offered her a plea deal.