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Judge Sunia warns the Samata sisters, “Aua e ke pepelo, e le valea a’u”

ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — “You can fool a person like Mr. [Ryan] Anderson, who was not raised in American Samoa, and does not understand the Fa’a-Samoa, but you can not fool me. Aua e ke pepelo, e le valea a’u — Don’t lie, I’m not a fool.

This was the message from District Court Judge Fiti Sunia when two sisters appeared before the court last Friday for their pretrial conference hearing. However, their attorney Assistant Public Defender Ryan Anders informed the court that they have reached an agreement with the government regarding this matter.

The two sisters, Theresa and Sina Samata were each initially charged with stealing, harassment and third-degree property damage; all class A misdemeanors. However under a plea agreement with the government, both defendants agreed to plead guilty to stealing.

Upon their guilty plea, Theresa and Sina admitted to the court that on Apr. 4, 2014, they both entered a laundromat in Ottoville and removed clothes belonging to Faith Liliu without permission. Furthermore, both defendants also admitted that their actions on that day were without excuses or legal authority.

This case stems from an incident on Apr. 4, 2017.

Anderson asked the court to adopt the recommendation by both parties that both of his clients be sentenced to a period of probation of 12 month, with conditions that they must attend and complete anger management counseling.

Before delivering the court’s decision, Judge Sunia wanted to know whether the actions by the defendants on the day of the incident was something that based on an on-going dispute between them and the victim, or whether it was something that just happened on that day only.

“Do they know the victim?” Judge Sunia wanted to know.

Anderson said that based on his understanding, his clients knew the victim.

“So, this was from an on-going disagreement, right?” Judge Sunia asked Anderson. The defense attorney responded, “Yes your honor.”

“Do you know this person Faith Liliu?” Judge Sunia asked both defendants.

Defendant Theresa, who was sitting beside Anderson responded, “No your honor.”

“So, this just happened on that day?” Judge Sunia asked. Defendant Theresa responded, “Yes your honor.”

Judge Sunia stated that based on his recollection of what happened last year, the victim was not aware who stole her clothes from the laundromat, until the defendants posted on Facebook, photos of her clothes they stole and hung up on a breadfruit tree.

“I’m not reading from the affidavit so the court’s memory is not bad,” Judge Sunia said.

Prosecutor, Assistant Attorney General Bianca Lherisson informed the court that during their conversation with the victim last week, she informed her that she knew the defendants and the defendants also knew her.

“It’s odd circumstances — taking a person’s clothes from a laundromat and hanging them on a breadfruit tree,” Judge Sunia told both defendants.

For defendant Theresa, Judge Sunia said that the court wants a report from the Immigration Office to verify her immigration status, because according to the last hearing, her immigration clearance is expired.

Judge Sunia then sentenced the Samata’s sisters to a term of 12 months probation with conditions, including being abiding law citizens, no direct or indirect contact with the victim in this case. If they see her in public, it’s their duty to withdraw from her peacefully.

“Don’t send her any text messages, nor Facebook messages. If you see her in public, church or inside the village, just keep the peace and walk away from her. Do you understand?” Judge Sunia asked.

Both defendants responded, “Yes your honor.”

The court then ordered that both defendants must serve a period of detention of 30 days at TCF, however, the period of detention will be deferred, based on their good behavior. They also are required to attend and complete anger management counseling.

For defendant Theresa, her immigration status hearing is now set for June 29. She was ordered to renew her immigration ID by that day, if not, the court will revisit her sentencing.

While Judge Sunia was announcing conditions of probation for both defendants, the court noticed that Theresa was laughing throughout the whole proceeding. Her action did not sit well with the court, and Judge Sunia did not mince words when he addressed Theresa’s behavior.

“This court spent a lot of it time on this matter,” Judge Sunia said raising his voice.

“So tell me, why did you take the clothes?” Judge Sunia wanted to know. Both defendants were silent for about 10 seconds without saying anything to the court.

“Tell me, why did you take the clothes?” Judge Sunia asked the same question again, however, both defendants continued to remain silent.

“So, if there is no answer from you, maybe you should spend the weekend at TCF and come back Monday and tell me why you took the clothes.”

Judge Sunia did not rest; he then posed another question to the defendants. “Did you try to make fun of the victim? Why did you take the clothes?”

Counsel Anderson was seen speaking to defendant Theresa who was sitting close to him and asked for an answer. He then told the court that the reason why his clients took the clothes was a joke.

Judge Sunia fired back and yelled at Theresa, “Did you know this person?”

Anderson tried to respond, but Judge Sunia immediately interrupted and said, “You, say it. You, say it,” pointing his finger at Theresa.

Theresa responded, “Yes” in a low voice.

Judge Sunia continued.

“So you know her, ah? See, e le valea a’u (I’m not stupid) and don’t ever lie to this court. You can say that to person like Mr. Anderson who was not raised up in American Samoa but not to this court,” Judge Sunia told Theresa with his voice raised.

“We have a court for people like you. We also have a Samoan Judge for people like you, who come and tell lies to the court. A Samoan Judge like me who was raised in American Samoa. Not only do I understand how people like you behave, but also understand that what you’re telling the court is not true. So, when you come here, I can easily understand whether what you’re telling the court is truth or lies.”

Judge Sunia continued to hammer the defendant.

“The only thing that remains between you and going back to Upolu is me,” Judge Sunia said, pointing his finger to himself. “So, aua la e te taalo mai i le Fa’amasinoga (So, don’t play games with the court).”

“Lawyers like Anderson, Lherisson and Mr. [Robert] Morris (another prosecutor who was also in court), they came here to work so don’t fool them. They offer a free service for the people.”

“For a person like you, Theresa, you have six kids, the youngest is 6-months old, oh, now turned 8-months, and the eldest is 9 years old. These are the things you have to think about before you do something like this to someone else. So, take this as a lesson.” Judge Sunia concluded.