Pago Pago, AMERICAN SAMOA — Chief Justice Michael Kruse has continued for one week the sentencing of a former Native American Samoa Advisory Council (NASAC) employee, to give the defense time to address the issue of restitution.

During court proceedings last Friday, Kruse heard from Dorothy Elia, who was represented by Public Defender Michael White. Assistant Attorney General Christy Dunn represented the government.

When given the chance to speak, Elia, who was arrested in 2017, apologized to the court and the American Samoa Government for her actions. With tears in her eyes, Elia told the court that while in custody, the first lesson she learned was the never ending love a parent has for their child.

She thanked her parents for their continued support and love for her, from the day she was arrested until now. Her mother was in court to support her, while her dad was sick at home.

Elia shared with the court the devastating news about her oldest daughter, who was diagnosed with a serious disease last year.

“I feel the pain every time my oldest daughter asks me, 'Mom, when are you coming back home?' and I tell her, 'I don’t know',” Elia told the court in tears.

She begged the court to allow her to return home to care for her sick dad and daughter, who both really need her care and support. She said she has learned that breaking the law is not a good thing — not only did many days of her life go to waste, but it separated her from her loved ones.

“Please, allow me one more chance to change my life. I promise you that I will never look back, but I will look forward and focus on assisting my family and seek employment to pay my restitution,” Elia concluded.

Elia’s mother took the stand and told the court that her daughter is not a bad person, she just made a bad decision.

As a mother, she continued, she can feel the love Dorothy has for her children, like her love for her as a mother to a daughter.

“Dorothy is a good helper and I feel sorry for her children. They keep asking me almost everyday when their mother is coming back home. I just sit with tears in my eyes without saying a word,” Elia's mom told the court.

White asked for a probated sentence without any additional period of detention. He said his client has a sick father and daughter, and she needs to return home to care for her family, especially her young children.

According to White, Elia has already made restitution of $12,000

“She doesn’t want to go back to jail. She also stated that she has a sick father and daughter that she needs to care for. However, the court wants to hear about the issue of restitution because we believe there is still a huge amount of money that hasn’t been paid,” Kruse told White.

The Chief Justice said the only issue the court is interested in, is how restitution is going to made to the victim.

He said this is not the first time this type of criminal case has come before the court, especially embezzlement involving women with young children and a huge amount of money being involved.

Kruse reminded White that if his client is unable to pay the remaining balance of restitution, the only option the court will be left with, is sending her back to jail.

He said the issue of restitution is something Elia has to think about seriously, because if she can’t explain to the court how she is going to pay the money, the court will move forward with the only option they have on the table.

Kruse is giving the defense until Friday to come up with an explanation on how Elia is going to pay back the remaining balance.

Elia, 37, was initially charged with embezzlement, stealing, criminal fraud, and forgery. But in a plea agreement with the government, which was accepted by the High Court last month, Elia pled guilty to embezzlement, a class C felony, punishable by up to 7 years imprisonment and a fine of up to more than $5,000 or two times the amount gained from the commission of the crime, but not more than $20,000.

Elia admits that between January and October 2016, while employed by NASAC, she had access to the organization’s ANZ bank account and funds, and she ordered unauthorized checks. She also admits that she diverted funds from her employer so they were paid directly to her.

According to Elia, the money she took was “about $36,000”.