The trial of a man accused of forcing his way into an apartment home in Nu’uuli and having sexual contact with a woman got underway yesterday with opening arguments after a two-man and five women jury was selected Monday afternoon.

The government’s case against Siaosi Laulu, stems from an incident on December 2015 in which he is charged with one count each of first degree sexual abuse, sodomy, first degree burglary and second degree burglary — all felonies.

The trial is presided over by Acting Associate Justice Elvis P. Patea and Associate Judges Mamea Sala Jr., and Tunupopo Faleafaga.

Prosecutor, Assistant Attorney General Bob Pickett, laid out the grounds for the government’s case against the defendant, who remains in custody since his arrest on Dec. 7, 2015.

According to court documents, a man reported to the police that Laulu sexually assaulted his girlfriend on the morning of Dec. 7, 2015. Court documents say the victim informed the police that the defendant lives in the same apartment building and when her boyfriend left for work the defendant knocked on the door asking for a rice cooker.

It’s alleged that a few minutes later the victim heard a knock on the door again and when she called to find out who it was, someone was murmuring but she was not sure who it was. The victim opened the door and the defendant asked what she was doing. It’s alleged that’s when the defendant forcibly tried to push the door open.

Court filings say the victim pushed back; however, the defendant was able to get through the door and pushed the victim on to a bed and lay down heavily upon her. The victim said when the defendant reached down to her private parts she fended him off while he was telling her how he’s been wanting to do sexual things with her.

The government alleges in court documents that during the struggle the victim kept holding on to a towel wrapped around her to keep it from falling off became she was not wearing anything underneath.

After the first failed attempt, the defendant - during the struggle - was able to penetrate  the victim’s private parts with his fingers, before the victim allegedly kicked him in the chest. The defendant fell on his back and the victim told him to leave or she would scream.

Court filings state that the victim also told the police that back in October, a few weeks after she and her boyfriend moved into their apartment, the defendant entered the apartment and asked her to have sex with him. She yelled at him and he left.

It’s alleged that during a party on Nov. 13, the defendant touched the victim on her breasts and buttocks in the presence of her boyfriend and other tenants. Following the incident, a fight broke out between the victim’s boyfriend and the defendant.

According to the government, the victim and her boyfriend moved out of the apartment building not long after the Dec. 7th incident.

Laulu’s attorney, Public Defender, Douglas Fiaui in his opening arguments told jurors that the government’s case is “full of false accusations” and no physical evidence. He said there are no police photos showing scratches or bruises on the victim’s body to prove a struggle even occurred.

There were also no police photos to show that the defendant had broken the door of the victim’s bedroom to get inside, or photos to show any property damage inside the apartment. Fiaui argues that there is no hospital report regarding the victim’s physical condition after the alleged crime.

He told the jury that Laulu has been waiting for 17 months for an honest decision in this case. He asked the jury to review all evidence and testimonies to be presented at trial and to return a verdict of 'not guilty'.

The defense also gave its version of what happened on Dec. 7, 2015:

The defendant returned home in the morning after his night shift at a local company, then took a shower and slept around 8a.m.

Fiaui claims that around 11a.m., Laulu was awoken by a knock on his door. It was the victim, asking if the defendant wanted saimin, to which Laulu answered yes.

The defense claims that the victim returned with the saimin and then left.

After Laulu ate the saimin, according to the defense, he and a male friend watched movies at his place and it was during this time that police came looking for him.

Witnesses are expected to be called on the stand today, when the trial resumes.

Samoa News reporters Ausage Fausia and Fili Sagapolutele contributed to this report. Also see Samoan language story published in Lali section of today’s Samoa News.