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Court remands Spencer Toeava back to custody at TCF due to bond issues

American Samoa High Court building
“Surety is to make the court feel comfortable", says Kruse
blue@samoanews.com

Pago Pago, AMERICAN SAMOA — Spencer Toeava was remanded back to custody yesterday morning, per order of Chief Justice Michael Kruse who noted that the value of the vehicle used as surety to release Spencer is less than the court-ordered $20,000 bond.

"This is not a numbers game," Kruse said yesterday, adding that surety is "to make the court feel comfortable."

Spencer and his co-defendants — his brother Vincent Toeava and former TCF guard Papatu Faavae — appeared in High Court yesterday for their arraignments. All three entered 'not guilty' pleas to the charges against them, and all three are set for a pretrial conference on April 12.

Papatu is out on a $5,000 bond (reduced from $20,000 by District Court Judge Fiti Sunia on Jan. 14), while Vincent is still in custody, unable to post a $20,000 bond for this case and $450,000 bond for the food stamp fraud case for which he was arrested and charged this time last year.

Spencer was out on bond but was remanded back to custody yesterday.

According to Assistant Attorney General Laura Garvey, the 'accessories' on the vehicle that was put up as surety for Spencer's release were considered when the value of said vehicle was determined.

Kruse called it "nonsense", saying, "stereos, tires, etc… can be moved from one car to another."

The Chief Justice said there are two options available: "cancel the surety and give it back, or go back and find something to add on to it."

Kruse said Spencer will remain in custody at the Territorial Correctional Facility (TCF) until the issue with surety is settled.

BACKGROUND

Spencer, Vincent, and Papatu are three of the original five defendants charged in connection with an alleged drug operation at the local prison. (See Samoa News Jan. 9 edition for details).

The cases against their other two co-defendants, former TCF guards Jimmy Stanley and Leasi Neueli were dismissed - without prejudice - by the District Court last week.

Papatu is represented by private attorney Togiola Tulafono while the Toeava brothers are represented by Assistant Public Defender Rob McNeill.