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Jury trial in sex case involving high school teacher begins in High Court

American Samoa High Court building
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — The jury trial in the case of a school teacher who is accused of sexual abuse involving a 15-year old female began yesterday in High Court.

Sione Onelei Setu was charged by the government with a single count of 1st degree sexual abuse, a class D felony, punishable by a term of imprisonment of up to 5 years, or a fine of up to $5,000, or both.

Prosecuting the case is Assistant Attorney General, Christy Dunn, assisted by Assistant Attorney Genenal, Jason Mitchell, while representing Setu is private attorney Marcellus T. Uiagalelei.

A six-member jury, five females and one male, was selected Monday to hear the case.

Before the jury was called to the court, Chief Justice Michael Kruse instructed his court marshal to bring in to the court juror #5.

A brief discussion was held on the bench with Kruse, attorneys from both sides and juror #5. After the brief discussion, juror #5 was dismissed, and the court used the alternate juror to made up the six-member jury to hear the case.

OPENING STATEMENTS

During the opening statements of attorneys from both sides, AAG Dunn told the jury that their case is about a teacher who went too far with a student, while the defense attorney Mr. Uiagalelei responded, saying that while the government claims that their story is about a teacher who went too far with a student, the defense’s story is about a man who is falsely accused.

According to the government’s case, Setu was a math teacher at Tafuna High School (THS) when the alleged incident happened during the spring of last year.

On Wednesday, Apr. 26, 2017, the victim in this case, a 15-year old student, who was a sophomore at THS, was inside her Geometry class. After the class, the victim stayed behind to ask her teacher (who is the defendant in this case) about her assignment.

When all students in the class left the classroom, the victim then sat on a bench at the back of the classroom. The defendant also came and sat on the bench next to the victim. The victim then explained to the defendant the reason why she had stayed behind, and showed him her assignment.

As the two talked, the government claims that the defendant started to touch the victim’s legs and also allegedly rubbed her thigh. At one point, the defendant stood up and locked the back door. He also used a white board to cover one window so that no one could look inside. Then he walked back to the bench where the victim was sitting and continued their conversation about the victim’s assignment.

It was at that time the government is claiming that the defendant allegedly touched the victim’s breast. Furthermore, the government claims that the defendant allegedly tried to touch the victim’s private parts when he touched her legs and rubbed her thigh.

Dunn stated that’s when the victim bent down to pick up her notebook on the floor, and the defendant allegedly touched her butt. The victim immediately exited the classroom and went straight to the cafeteria where some of her close friends were having lunch, and she told them about what allegedly happened.

Dunn told the jury the victim also told what allegedly happened to several other people including her mother, her counselor and lastly to the school vice principal.

The next morning the defendant went to the victim’s English class and pulled her out. The defendant then asked the victim to stop spreading rumors about him. He allegedly apologized to the victim for what happen and asked her to keep what happen between them a secret.

After telling her mother what allegedly happen, the victim’s mother escorted her to the police station and filed a formal complaint against the defendant. When questioned by police, the victim told police everything that allegedly happened inside the classroom on the date of the alleged incident.

Dunn told the jury that after they hear all the evidence about the case, they must find the defendant guilty beyond a reasonable doubt.

The defense attorney on the other hand disagreed about the government’s story. Uiagalelei told the jury that this case is not about a teacher who went too far with a student inside a classroom — “its’ about a man who is falsely accused.”

Uiagalelei said that a trial is a story, and like any other stories, there are two sides to a story. He told the jury that they had heard the government’s story but after the government, the defense team will also present their side of the story.

“Now you heard that the alleged incident happened inside a classroom. You might think that these types of behavior rare not allowed in classroom and you’re right. Such behavior should not have a chance in a classroom. We all know that a classroom is a safe place for our children to learn and study,” Uiagalelei told the jury.

“So, before you make up your mind whether my client is innocent or guilty, I ask you to please keep an open mind and listen carefully to all the facts of this case.”

In conclusion, Uiagalelei told the jury that after they consider all the evidence of the case, he’ll ask them to return a not guilty verdict for his client.

The trial resumes at 9a.m today.

The case is being heard by Chief Justice Michael Kruse, assisted by Associate Judges Fa’amausili Pomele and Muasau T. Tofili.