Pago Pago, AMERICAN SAMOA — A 44-year-old man convicted in High Court for attempted felonious restraint is ordered to serve 20 months behind bars, as part of a 5-year probation sentence.

Harry Finau was initially charged with attempted rape, first-degree sexual abuse, and attempted felonious restraint — all felonies. But under a plea agreement with the government, the defendant pled guilty to attempted felonious restraint. The remaining charges were dismissed.

According to the government, the victim is a 16-year-old girl whose family rents in the same apartment the defendant and his family live in. The victim and the defendant’s family share the same bathroom and kitchen.

 Sometime at the beginning of 2021, when the victim went to the bathroom, the defendant followed her and tried to touch her inappropriately, and also attempted to restrain her, in order to have his way.

During sentencing last week, Finau apologized for his actions and begged for a second chance to return home to care for his family. He told the Court that he is truly remorseful and he assured the judge that he will never break any laws again, saying if he is given another chance, he will do everything to change his life and look for a job to pay restitution.

The defense attorney said he believes his client is truly remorseful and asked the court to sentence Finau to probation, and use the 12 months he has already served in pretrial confinement as the jail term for this case.

While the prosecutor said Finau is a suitable candidate for probation; she reminded the court of the seriousness of his actions.

She said the victim is lucky that nothing more serious happened that day. She recommended that Finau be ordered to stay away from the victim and to not try to contact her or her family at any time.

The court told Finau that the court never takes lightly any cases that involve minors, especially when they are sexually assaulted. He noted that although this was Finau’s first conviction in High Court, he has a criminal record in District Court (misdemeanor convictions).

The defendant was sentenced to five years in jail; however, execution of sentence was suspended and he was placed on five years probation with the condition that he serves 20 months at the TCF. He is credited for the 12 months of pretrial confinement, leaving a balance of 8 months to serve.

 He was also ordered to register as a sex offender and submit himself to HIV testing, as required by law. He is not to make any contact with the victim and her family, nor is he to confront her at any time or place.

JAMES TALILOTO

James Taliloto was released from the Territorial Correctional Facility (TCF) last week, after the court decided not to revoke his probation.

Taliloto, who was in custody without bail for 93 days since his arrest in November of last year appeared in High Court last week for a Disposition Hearing, for failure to comply with conditions of his 2017 probation.

He apologized to the court and begged for another chance to return home to care for his family. He said if given another chance, he will use his time wisely to be a good person and seek employment to pay his fine and restitution.

Attorneys for both sides asked the court for a second chance for Taliloto.

The court decided to not revoke Taliloto’s probation but instead, added two conditions to his probation: Taliloto must find a job in 90 days, and Probation — based on the pre-sentence report  — must see to it that Taliloto undergoes a mental evaluation.

Taliloto was convicted of stealing, under a plea agreement with the government. He was sentenced to 7 years of probation. Taliloto, along with two co-defendants, unlawfully entered a home in Ottoville, where Taliloto stole a computer.

Under the stealing conviction, Taliloto was ordered to serve 28 months at TCF, pay a fine of $1,000 and restitution of $1,800.

ESERA FAALOGO

The court granted a motion by the defense attorney to quash the bench warrant issued for Esera Faalogo, for failure to appear last month for an Order to Show Cause (OSC) hearing, which was scheduled after Faalogo failed to comply with conditions of his probation.

According to the Probation Office, Faalogo failed to pay his $2,000 fine and restitution of $1,210, as well as failing to visit Probation every month, as required by the court.

Faalogo did not appear in court when his case was called last month. His attorney said he tried his best to contact Faalogo, who didn't answer his phone calls. The court then issued a bench warrant.

Faalogo was arrested and taken into custody. He appeared in court two weeks ago and explained that he had lost his phone and forgot about his court hearing.

Faalogo was released from custody after the court quashed the warrant. He is to appear in court for an OSC hearing next month.

FAATILI VILIAMU

One of the two defendants arrested for burglarizing two homes and a store in Vaitogi last year entered into a plea agreement with the government last week.

Faatili Viliamu, who has been in custody since his arrest last March, unable to post a $10,000 surety bond, appeared in court last week for a Change of Plea hearing.

Viliamu, 28, was initially charged with 3 counts of stealing and 3 counts of first-degree burglary and two misdemeanor charges of trespass and 3rd-degree property damage.

Under a plea agreement, Viliamu pled guilty to two counts of stealing. The remaining charges were dismissed.

With his guilty plea, Viliamu admits that on the night of Mar. 22, 2021 he unlawfully entered a home in Vaitogi and stole several items, valued at more than $100.

Viliamu further admits that on the same night, he broke into a store in Vaitogi and stole several items, including a bottle containing $258 cash.

The items Viliamu stole included clothes, shoes, and a cell phone, which he sold to a friend. He used the money to buy beer and food.

The government is recommending probation, with the condition that Viliamu pay $680 in restitution. Viliamu will be sentenced next month .

AMOSA MAVAEGA

The Court issued a bench warrant last week for a defendant who is accused of disobeying conditions of his probation.

The Order to Show Cause (OSC) hearing for Amosa Mavaega was scheduled for last week, after the Probation Office filed a revocation motion in court, when Mavaega failed a drug test taken during his visit to the Probation Office last month. His urine sample tested tested positive for marijuana and methamphetamine (meth).

During his sentencing 3 months ago, following a conviction for unlawful possession of marijuana, Mavaega was ordered to remain alcohol and drug free.

As a condition of his 5-year probation, Mavaega was ordered to serve 20 months at the Territorial Correctional Facility (TCF); however, after the court accepted the attorney’s submission and the defendant’s apology, the court ordered the defendant to only serve 7 1/2 months in prison, which he had already served during pretrial confinement, with the remaining 13 1/2 months stayed.

During his sentencing 3 months ago, the court told Mavaega that the only reason the court accepted his apology was because he mentioned something about going back home to care for his sick father.

“We can allow you another chance to go home but we’re not sure whether you will be going back to your same old lifestyle if we grant you a second chance. And if you go back to your old lifestyle and the police find you again with some drugs, the government will spend its resources to take care of you,” the court told the defendant.

Mavaega was arrested after police found him with marijuana and meth on him in front of a store in Nuuuli. According to the police investigation, the defendant has a drug addiction problem.

NERU TALIFILEMU

A 39-year-old man from Samoa who is accused of assaulting a man using the steel handle of a broom has been arrested and charged with felonious second degree assault and four misdemeanor charges: property damage, unlawful use of a weapon and 2 counts of 3rd degree assault.

He’s also charged with one count of unlawful possession of marijuana, a felony.

Neru Talifilemu made his initial appearance in the District Court last week where he waived his right to a preliminary examination. He appeared in High Court before the end of last week for arraignment and entered a not guilty plea to all the charges against him. His first pretrial conference is set for April.

According to the government, Talifilemu and the victim got into a disagreement during a volleyball game, which resulted with Talifilemu using the steel handle of a broom to strike the victim, causing injuries to the victim’s head.

Two men jumped in to stop Talifilemu however, he turned around and punched both men in their faces.

Police officers took the matter under control when they arrived at the scene. Talifilemu was cuffed and placed inside a police unit for his safety. Before he was taken into the Tafuna Police Substation (TPS) for further investigation, where he was patted down per usual detainment protocols.

During the body search, officers discovered a small stamp sized baggie containing a green leafy substance on him.

When questioned about the alleged assault, Talifilemu blamed the victim as the person who started the fight. When asked about the green leafy substance found in his possession, he told officers that he found the plastic baggie on the side of the volleyball field, he then picked it up and put it in his pocket.

Talifilemu’s attorney asked the court for a reduction of bail from $10,000 to $2,500.

He told the court his client is a hardworking man and he’s the only member of his family who works to provide for his wife and two children. He said his client is not a flight risk and he has no intention of leaving his family. Furthermore, the defense attorney told the court that the alleged injuries to the victim are not life threatening.

The prosecutor opposed the defense’s motion, saying bail set by the court is the appropriate amount for the offense.

Bail remains at $10,000; and because he is unable to post bond, Talifilemu remains in custody.

TUTAGA POULIMA

A 33-year-old man who is accused of burglarizing a warehouse and a store in the Tafuna area told the court that the allegations against him are true. Henry Poulima appeared in court last week for a Change of Plea hearing.

He was originally charged with 1st-degree burglary and stealing, both class C felonies, however, under a plea agreement withe government, accepted by the court, Poulima pled guilty to the amended charged of 2nd degree burglary.

With his guilty plea, Poulima admits that on Nov. 13, 2020, he knowingly and unlawfully entered a warehouse building in Tafuna for the purpose of committing a crime. While he was inside the building, Poulima admits that he stole several items, which included a laptop, two cell phones and a tool box that contained different types of tools worth $920.

Moreover, Poulima also admits that on the same night, he entered the warehouse again and stole other items including a washing machine, vehicle parts with the value of $328, and several electronic items with the value of over $100.

According to terms of the plea agreement, Poulima and a taxi driver went over to the J & P warehouse around 2 a.m with the purpose of stealing items from the warehouse. The taxi driver, who is the co-defendant in this case used to work for J & P as a security guard, however, his employment was terminated two months prior on the allegation that he stole some vehicle parts.

The government stated that Poulima went inside the warehouse while the taxi driver waited in his taxi as a lookout.

Police were unable to find any information relating to the incident, however, after 5 months of investigation, a key witness went to police and shared information that led to the arrest of Poulima and his co-defendant, Filiga Logo.

According to the witness, it was during a drinking session with Poulima that Poulima told him about the break-in at the J & P saying that if he (the witness) needed any vehicle parts or any tools for his construction work, let him know immediately.

Police searched Poulima’s home and discovered several items that were stolen from the warehouse.

As a condition of the signed agreement between the parties, the government is recommending a term of probation of 5 years, and one of the conditions is for Poulima to pay restitution in the amount of $2,421.45.

Sentencing for Poulima is scheduled for next month and has been remanded back into custody.

The co-defendant’s case is still pending in court.