COURT REPORT w_header

Pago Pago, AMERICAN SAMOA — A man accused of violating local drug laws had asked the court to set his matter for trial.

Alesana Lui, who had been in custody since his arrest last year, unable to post $5,000 surety bond, appeared in court last month for his pretrial conference.

When his case was called, his defense attorney, Rob McNeill informed the court that they received discovery and an offer from the government, however, after reviewing it, his client wishes to exercise his rights to a jury trial.

The court accepted the defense’s request for a trial, however, the court also informed the defense that due to the COVID-19 restrictions, there are other options they must consider such as a bench trial instead of jury trial.

Lui is charged with one count of unlawful possession of methamphetamine, a felony, punishable by imprisonment of not less than five nor more than 10 years, a fine of not less than $5,000 nor more than $20,000, or both.

The charge against Lui stems from an incident when police arrested him and another man for disturbing the public peace. During a pat down, a small baggie containing methamphetamine was found by police inside his pants.

When questioned by investigators, Lui admitted that the drugs belonged to him and that he bought it from another man living in Vaitogi.

MIKAELE MANU

A father of three convicted of unlawful possession of illegal drugs was released from the Territorial Correctional Facility (TCF) for 90 days to seek and secure gainful employment.

If Mikaele Manu is unable to secure gainful employment, the court ordered him to report back to the TCF to serve the remaining balance of his period of detention.

Manu, who had been in custody unable to post his $5,000 surety bond appeared in court at the beginning of last month for sentencing, however, due to his outstanding traffic fine in District Court in the amount of $350, the High Court continued sentencing and ordered him to clear his outstanding traffic fine first before the court considers his sentencing.

Manu appeared in court last week for sentencing. This time, his defense attorney, Rob McNeill informed the court that his client had paid his outstanding fine in full. It was confirmed by Prosecutor Laura Garvey.

After Manu apologized to the court, McNeill told the court that his client is truly remorseful for his actions and wanted to go home to seek and secure gainful employment to provide for his wife and 3 young children. McNeill then asked the court for a probated sentencing without any additional period of detention.

Garvey seconded McNeill’s request and asked the court to adopt the recommendation by the Probation office through the Pre Sentence Report (PSR).

After considering mitigating factors from both parties, along with the defendant’s statement, the court sentenced Manu to 5 years imprisonment and a fine of $2,000. Execution of the sentence was suspended and he was placed on probation for 5 years subject to several conditions.

He is to undertake a period of detention of 20 months without any release per norm, including serving 180 days forthwith, credited for the time he served while awaiting the outcome of his matter.

Manu is to be released for a period of 90 days in which he is to secure and seek gainful employment. Defendant was told that for sure the cannery is hiring and he must remember that family farming is not considered gainful employment.

If unable to get a job, he’s ordered back to jail to serve the balance of his detention. He’s also subject to usual probation restrictions, including ‘staying clean’. The court also ordered him to make sure to pay his $2,000 fine.

Manu is not to be considered by the Warden as a trustee, if he does go back to jail.

Of note, a traffic violation will also be considered another violation of conditions of his probation. Manu was originally stopped by traffic officers for driving a vehicle that had too many lights on the front end of it.

TALENI PAULO

A man with two prior convictions over a decade ago is back in court again on a new allegation that he stole his stepfather’s vehicle. When pulled over by traffic officers last month, the suspect, Taleni Paulo told officers the vehicle belonged to him, not his (step)father.

Paulo was taken into custody on Sept. 14th after officers pulled the vehicle over he was driving, it being reported to police by his stepfather as stolen. Paulo made his initial appearance in court on the following Monday, Sept. 17.

He is charged with one count of stealing, a class C felony, punishable by imprisonment of up to 7 years, a $5,000 fine or pursuant to A.S.C.A 46.2101, a fine equal the twice the amount of gain from the commission of said crime, up to a maximum of $20,000, or both such fine and imprisonment.

Bail was set at $5,000.

THE CASE

The government claims that on the morning of Sept. 14th, a man from Aua contacted the Central Police Station in Fagatogo for assistance to locate his vehicle, a blue pick-up, which he said was stolen by his stepson, Taleni Paulo, the defendant in this case.

The pick-up was stopped a hour later, with two people in the vehicle, the driver, Paulo, and a passenger.

When told the vehicle he’s driving was stolen, the defendant told police that the pick-up belongs to him, not his stepfather.

Officers told the defendant that the vehicle was being impounded and he needed to come with them to the Central Police Station (CPS) in Fagatogo for further discussion. Paulo’s stepfather also went to the CPS, and provided officers with a document confirming that the pick-up is registered in his name, “Vincent Tolopua”.

However, Paulo continued to claim that the vehicle belonged to him, not his stepfather. After further discussion, the defendant was taken into custody and charged with stealing.

PRELIMINARY EXAMINATION (PX)

During Paulo’s preliminary examination (PX) before Judge Elvis P. Patea, defense attorney, Ryan Anderson wanted to know whether the stolen vehicle really belonged to his client’s stepfather. The government witness told the court that the vehicle is registered under the stepfather’s name.

When Anderson asked if there’s any period of time the stepfather gave Paulo permission to drive the vehicle prior to the day of the alleged incident, the witness replied, “I don’t know.”

Paulo appeared in High Court last week for arraignment. His pretrial conference is now set for Nov. 19th.