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Court Report

Chief Justice Michael Kruse  [SN file photo]
fili@samoanews.com

DAVID FO’A

A change of plea hearing for a man, accused of using a “shotgun” to threaten a store cashier during a robbery last year, has been continued to later this week, due to the High Court’s concerns over a proposed plea agreement between the prosecution and defense.

David Fo’a was in High Court last Friday morning for his change of plea hearing, where the plea agreement was read. It states that the defendant was charged with two counts of first degree robbery.

The government amends the second count of first degree burglary, which the defendant then pleads guilty to the fact that on Dec. 13th last year, he stole about $260 in US currency from a store in Malaeimi, while armed with a deadly weapon — a shotgun.

The crime in which he was to pled guilty to, is punishable by not less than 10 years and not more than 30 years imprisonment or life in prison.

If the court approves the plea agreement, the government would then move to dismissed the other first degree burglary count. Additionally, the government will not pursue charges against the defendant in other robbery cases cited in 8 separate police report.

For his guilty plea, the defendant admits that he went to the Malaeimi store with another man, Fa’asili Aupaau (a co-defendant whose case is pending in court) to rob the store by taking the cash register, which was taken by Aupaau while Fo’a was threatening the cashier with a shotgun.

Also part of the proposed plea agreement is that Fo’a admit to eight other robberies. For example on Nov. 28th last year, Fo’a — acting by himself — used a knife and rock to threatened a store clerk and stole $100.

At this point, the Chief Justice Michael Kruse, who was flanked on the bench by Associate Judge Fa’amausili Pomele, called to the bench assistant attorney, Bob Pickett, who was reading the plea agreement, and Fo’a’s attorney, assistant public defender Michael White.

About three minutes  into the bench conference, Kruse called to the bench Public Defender Douglas Fiaui, who also heads the Public Defender’s Office.  And then about a minute later, all attorneys were called into the judge’s chamber and the court proceedings went into a brief recess.

When the hearing resumed about five minutes later, Kruse continued the change of plea hearing to this Friday, May 12th, saying that one provision of the agreement is “problematic”.

Kruse also ordered the court clerk to seal  the plea agreement — meaning it’s not to be released. Fo’a remains in custody.

LEUPENA ITELE

With both sides unable to reach a plea agreement, the government’s case against Leupena Itele now goes to trial later this year, with High Court setting the specific date.

Itele was in High Court last Friday morning for his pre trial conference but the defense announced that “negotiations haven’t been fruitful” — referring to a plea agreement.

Itele, who remains in custody unable to post $10,000 bail, is charged with one count each of burglary first degree and stealing, which are both felonies. The charges stem from an incident last December, where he allegedly broke into a home and stole among other things, $5,000 in cash.