A married man with seven children, whom Chief Justice Michael Kruse says has continued to deny his crime despite entering a guilty plea under oath has been sentenced to 20 months in jail.
The victim in the case is the man’s niece and to protect the victim, Samoa News is not identifying the defendant, whose wife and children were present when he was sentenced yesterday in High Court.
Prior to sentencing, the defendant addressed the court, apologizing to the judicial and executive branches for his crime, saying he feels very remorseful and the time he has spent in jail is a great lesson learned, which has changed his life.
He blamed alcohol for his action, saying it will never happen again. He also told the court he goes to bed at night at the Territorial Correctional Facility crying and thinking about his wife and children.
His attorney, Public Defender Ruth Risch, asked for leniency, saying that while the defendant has pled guilty to a serious crime, he is a first time offender, a long time resident of the territory and requested a probative sentence.
However, Assistant Attorney General Sean Morrison pointed to the seriousness of the crime committed by the defendant. He asked the court to send a strong message to this defendant and the community that “we do not condone” such action, and requested jail time.
Chief Justice Michael Kruse said the defendant had pled guilty, under a plea agreement with the government, to sexual abuse in the first degree, a class D felony, in which the defendant admitted to subjecting a young lady who was sleeping to sexual contact.
When this was unsuccessful—with the victim objecting to the criminal act, the defendant cut her hair, said Kruse, who then pointed to the pre sentence report, which states on page six that the defendant continues to deny what he has done.
Kruse said the defendant also told the Probation Officer, who prepared the pre sentence report that he only accepted the plea agreement based on his counsel’s advice.
However, Kruse said the defendant was questioned under oath and admitted to the crime in which he pled guilty. He said the court also questioned the defendant under oath if anyone advised or threatened him to enter into this plea and the defendant answered “no”.
The CJ again reminded the defendant and everyone else in court that the defendant was under oath when all these and other questions were asked.
(Every time a plea agreement is presented to the court, a defendant is sworn under oath before being asked a number of questions, as well as being advised of the right to a jury trial. Kruse also raised the questions as to whether the defendant was threatened, coerced or advised to plead guilty).
Kruse noted that the defendant has now come before the court and blamed alcohol for his action. According to the chief justice, the only mitigating factor for the defendant is that he is married to an American Samoan and his seven children are all American Samoans.
Otherwise, said Kruse, the court would probably deport the defendant right away.
Kruse then sentenced the defendant to five years in jail but suspended the jail term and placed him on probation with several conditions, including 20 months in jail without any release except a court order or medical emergency.
Kruse said that after defendant has served six months, the court will entertain a motion from the defense for employment release so the defendant can provide support for his family. However, Kruse said, operating a family farm is not considered employment.
The Chief Justice said that after the 20 months in jail the defendant is to depart the territory and remain outside of American Samoa during the probation period. However, that is suspended, if the defendant complies with all other conditions of release, which include complete alcohol counseling.
Kruse also ordered the defendant to register with the government as a sex offender as required by local law.
In closing Kruse advised Risch to fully explain to her client all of the conditions of his probation so he understands.
