Chief Justice Michael Kruse was disappointed when he was informed by the Attorney General’s office that a defendant who was to appear before the court for a probation review has since left the island.

The probation office filed a motion to revoke probation for Tagisia Aisea, however the court could not carry out the hearing, as she was not present. Assistant Attorney General Tyler Danzel informed the court that Immigration records indicate that she left the territory in February 2016.

Kruse pointed out that another problem has surfaced again with the Immigration’s Lookout List as the court resources and time were spent on issues surrounding the list last year, due to the government’s lack of enforcing the law — and it appears that this is not heavily considered by the AG’s office leaders.

The CJ ordered Danzel to investigate this matter and to report back to the court as to who dropped the ball on this specific case, which led Aisea to leave the territory when she’s on probation.

Kruse asked probation officers who were present at the court about the information they received on this case and the court was informed that it’s the same information from Immigration — that Aisea has left the island. Kruse was given a document from probation indicating the same information and upon reading it, he threw the document across his desk.

Kruse informed Danzel that among the reasons the court places defendants on probation is that the Tafuna Correctional Facility is overcrowded, but it appears that the government is not doing their duties. The Chief Justice told Danzel that the court spent so much time in the past year looking into ways to fix this problem regarding the Lookout List yet it has surfaced again and the court would like to know how the Attorney General is planning to fixing this predicament surrounding the list.

BACKGROUND

In the sentencing of two Don Bosco students and an adult volunteer from Samoa, earlier this year, Kruse directed the government to review the Lookout List that is compiled by the Immigration Office, to ensure that individuals prohibited from entering the territory after being sentenced by the court, don’t return. 

The “Lookout List” became a major concern to the court, which learned that at least one convicted felon who was barred from entering American Samoa as a condition of his probation after serving time in jail, had in fact re-entered the territory.

According to the Chief Justice, during the sentencing of the two Bosco students, the court does not want to see another Pelenato Maiava enter the territory.

Maiava was the convicted felon who re-entered the territory during his probation period. Conditions of his jail term included that he be placed on five years probation, leave the country, and be prohibited from entering the territory during the probation period.

However, it was in January last year when Maiava was arrested for a public peace disturbance and the court later found that Maiava had violated conditions of his probation by entering American Samoa within the five years he was ordered by the court to remain out of the territory.

Further, during several hearings on his case, the court discovered that Maiava’s name was not even on the Lookout List, which was the reason he was able to enter the territory.

Two months ago, the court revoked Maiava’s probation and sent him to jail to serve out the rest of his 5-year probation behind bars — which would be around 60 months.