KRUSE POSTPONES PLEA IN SEX CASE

Chief Justice Michael Kruse has given the Public Defender’s office one week to work with their client, otherwise the court will schedule a trial date in the government’s case against Tele’a Vaifale 23, charged in connection with a sex case involving a 14-year-old girl.

Vaifale is charged with rape, sexual assault, sodomy, sexual abuse first degree, false imprisonment and third degree assault.

During his plea agreement hearing yesterday it was learned that the defendant had pled guilty to sexual assault, sexual abuse first degree and false imprisonment prior to coming to court, and in return the government moved to dismiss the remaining charges.

In court, however, the defendant pleaded guilty to sexual assault and sexual abuse, however when he was asked for his plea in the false imprisonment count the defendant said no, as he did not commit this crime. __

Kruse rescheduled this matter until next week, allowing the PD’s office a week to work with the defendant, otherwise the court will schedule a jury trial in this matter.  According to the government’s case, in June 2014 the victim’s older sister contacted police in connection with a sexual case involving her younger sister.

The case was first reported in Samoa News in its Nov. 19, 2014 edition.

SEALED PLEA IN ARMED ROBBERY CASE FOR SIMI UNSEALED BY COURT

Chief Justice Michael Kruse has granted the government’s request to unseal the plea agreement the government had with Alatuna Simi, one of the four defendants who’s charged in connection with the armed robbery of the Gold Conda store in Faga’alu back in May.

The initial change of plea hearing was held behind closed doors as the plea was filed under seal. However last week Friday, Kruse granted the request by the prosecutor, Assistant Attorney General Tiffany Oldfield that the plea should be unsealed as this would assist the attorneys for the other co-defendants in this case.

Falefatu Asi and his co-defendants, Alatuna Simi and Samuelu Wright, are each held on bail of $100,000 and each has been charged with first-degree robbery and stealing.

During the hearing yesterday, before Associate Justice John L Ward, everyone was asked to leave the court room as the plea was filed under seal. It’s unclear if Ward will unseal the plea.

Court filings says that Asi was the driver of the vehicle that picked up Simi and Wright following the alleged armed robbery. It’s alleged that Wright pointed the shotgun at the cashier, while Simi jumped over the counter and grabbed a box from under the cash register, which was later identified as a candy bar box.

Samoa News first reported on this case Aug. 14, 2014.

FORMER HOSPITAL EMPLOYEE SETTLES WITH PLEA DEAL

A former finance officer with the LBJ hospital, Felise Toilolo also known as “Leesha”, who is facing one count of stealing in connection with allegations that she misappropriated hospital funds to the tune of $4,000 has entered into a plea agreement with the government.

Leesha is the co-defendant who’s charged along with former hospital Business Manager Jennifer Tofaeono.

Leesha is scheduled to appear in court this week for her change of plea hearing, and is represented by Fiti Sunia. The government initially charged the defendant with embezzlement and stealing, however during a preliminary examination hearing before District Court Judge John Ward, he ruled that the government did not have sufficient evidence to have the embezzlement case bound over.

According to the government’s case the investigation was conducted by OTICIDE, who worked with former Chief Financial Officer of LBJ Hospital “V.B” who’s no longer working for the hospital. Court filings say that V.B. began her investigation into reports that over the course of several years — from May 2009 through June 2011— credit cards were being run on LBJ credit card machines and the receipts were then used to collect cash from LBJ cashiers.

Court filings say that VB noted that she collected any and all existing credit card receipts related to LBJ credit card machines along with the associated bank records and available daily cashier reports for the time period under investigation, from about May 2009 through about July 2011. Multiple original copies of daily cashier reports from September 2010 through 2011 were not able to be located during the course of the investigation.

Toilolo in a statement to the hospital said she would use her credit card to obtain cash from the LBJ merchant machines, but does not remember how many times or for how much.

She also stated, “Jennifer Tofaeono is the person who would settle the machine — in other words, post all credit card transactions to the bank at the end of the day.”

Court filings say that Toilolo stated she saw voided receipts being printed out of the merchant machine, and placed with voided receipts in a plastic container on her desk along with the history reports from the merchant machines.

Samoa News began to report about this story on Sept. 15, 2011.