Ads by Google Ads by Google

Plea agreement for Toilolo gets off to rocky start

Chief Justice Michael Kruse raised his voice at Deputy Attorney General Mitzie Jessop as he told her to make up her mind if she wanted to be an attorney or not.

 

Jessop was summoned to appear before the Fono to testify on a bill before the House yesterday morning, however she was also expected in the High Court as she is the prosecutor in the government’s case against Felise “Leesha” Toilolo, who’s the co-defendant in the hospital’s missing monies case.

 

Toilolo is facing one count of stealing on allegations that she misappropriated hospital funds to the tune of $4,000. The other defendant in this case is Jennifer Tofaeono, the hospital’s former business manager, who has already pled guilty to conspiracy to commit felony stealing, and was sentenced to pay restitution and ordered to serve 20 months in jail of her 5-year suspended sentence.

 

When the matter was called before Kruse, Assistant Attorney General Tiffany Oldfield informed Kruse that Jessop was testifying before the Fono.

 

Kruse fired back to Oldfield that she’s not the prosecutor in this case and she would not know if this plea agreement would be in the interest of justice for the people of American Samoa and its government. Kruse then ordered Deputy Court Marshal Maua Tupua to retrieve Jessop from the Fono.

 

Jessop arrived with the Marshal not long after, and she apologized to the court for the inconvenience. The CJ scolded Jessop, telling her that she was being disrespectful and that being an attorney should be her priority. He told her that she needs to make up her mind if she wants to be an attorney or not.

 

Kruse further told Jessop that the court is sharing the court reporter, with District Court — and that District Court Judge John Ward is waiting for the reporter who is recording the said case. He also pointed out that Associate Judge Musau Tofili also has to sit on sentencing in Associate Justice Richmond’s court room, and they were all waiting on Jessop.

 

He then ordered the reading of the plea agreement with Toilolo.

 

According to the plea agreement read in open court, the government moved to amend count one to conspiracy to steal, which is a class D felony punishable with up to five years in jail, a fine of up to $5,000 or both fine and jail time.

 

The plea further says that in exchange for the government’s amendment of the stealing charge, the defendant will enter a guilty plea to the said charge. By defendant’s plea of guilt Toilolo admits that between May 2009 and June 2011 she made several withdrawals exceeding $100 from the hospital’s funds by using her bank debit card with knowledge that funds were not being debited from her bank account and credited to the hospital bank account to cover the withdrawals.

 

The defendant, who was assured by her supervisor Tofaeono that she had taken care of Toilolo’s debit card transactions, implicitly agreed and acquiesced to Tofaeono’s conduct of voiding or canceling the debit card transactions to avoid reimbursing the hospital’s account for her debit card withdrawals. Tofaeono had the authority and the security code to submit or void debit card withdrawals.

 

Defendant admits that her conduct was without legal justification or excuse. She further admits that she was financially enriched in the amount of $3,800 and she agrees to pay back the hospital as restitution.

 

Chief Justice Michael Kruse accepted the plea agreement and scheduled sentencing in this matter for May 1, 2015.