INMATE SENTENCED IN 2011 TO REMAIN OUTSIDE OF TERRITORY BACK IN COURT

A sex offender who was sentenced in 2011 to serve 28 months in jail as part of his seven years sentence — and who was also told that, after serving his jail time he was to leave and remain outside the territory for a period of seven years — has appeared once again in court, and this is not sitting well with Chief Justice Michael Kruse.

The Chief Justice pointed out that since sentencing — where defendant Pelenato Maiava was told not to enter or attempt to enter the territory — he has entered the territory four times already and also has a recent public peace disturbance case pending in the District Court.

In 2011 the defendant admitted in court to touching a female victim in a sexual manner, and was sentenced to more than 28 months detention at the Territorial Correctional Facility. Maiava was initially charged with rape in a July 2010 incident where the defendant had sexual intercourse with a sixteen year old female.

He was also charged with sexual abuse in the first degree, according to court documents. However, under a plea agreement with the government in April this year, the rape charge was amended to deviate sexual assault, a felony, punishable by up to seven years imprisonment, a $5,000 fine or both. Maiava pled guilty to the amended charge and the other charge was dismissed.

Kruse sentenced Maiava to seven years imprisonment but that was suspended and the defendant was placed on seven years probation under several conditions, including that he serve 28 months in detention without any release except for an order of the court or medical emergency. Maiava was also ordered to register as a sex offender as well as take the HIV test conducted by the Department of Health — both of which are required under law when the victim is a minor.

After serving his detention, Maiava was to depart the territory immediately and remain outside of American Samoa during the probation period. He was ordered to have no contact with the victim.

During yesterday’s probation review hearing, Kruse stated that the court needs to look into this matter because all the court is looking at now is jailing the defendant for seven years.

He said the court must investigate how Immigration has allowed the defendant to enter the territory, and ordered that an official from the Immigration Office must appear in court next week to explain the issue at hand.

Kruse told Assistant Attorney General Tiffany Oldfield the court has found out the defendant came into the territory on a 30-day permit which was confirmed by the Probation Office. The Chief Justice wants to know what is the problem at the Immigration Office that led to the defendant entering the territory on several occasions after being ordered not to enter the territory. He said this has to go on the court’s record.

TULIESE TALIU ADMITS TO POSSESSION OF MARIJUANA

Tuliese Taliu will be sentenced March 5, 2015 after admitted that he was in possession of marijuana and possession of a prohibited weapon in the High Court on Tuesday. The defendant was initially facing charges of unlawful possession of a controlled substance, marijuana, possession of arms without a license and possession of a prohibited weapon.

However defendant pleaded guilty to unlawful possession of controlled substance, marijuana and possession of a prohibited weapon. In return for defendant’s plea of guilt, the government moved for the court to dismiss the remaining charge.

According to the government’s case, police pulled over a vehicle and the defendant did not have a driver’s license, and so police impounded the vehicle and during inventory of the vehicle, police found live rounds of ammunition, which defendant later admitted belonged to him. Police also discovered a glass smoking pipe and four marijuana joints which Taliu claimed were his.

During the plea agreement the defendant admitted that the marijuana was in his possession along with the live ammunitions. Associate Justice Lyle L Richmond accepted the plea agreement and scheduled sentencing in this matter on March 5, 2015.