Ads by Google Ads by Google

Probable Cause found — case against Lefatia is now in High Court

American Samoa High Court building
reporters@samoanews.com

Pago Pago, AMERICAN SAMOA — District Court Judge Elvis P. Patea has found probable cause to bind the government's recent case against Manu Lefatia to the High Court.

This follows a preliminary examination hearing yesterday, where the lone witness was DPS Capt. Pierre Clemens. In this new case, Lefatia is charged with escape and bribery.

The charges stem from an incident that occurred Mar. 3, when Lefatia is alleged to have left the Temporary Holding Cell (THC) in Fagatogo where he is being held with two other inmates.

The incident has resulted in the arrest of DPS Officer Tuluiga Richard Salanoa.

Lefatia is represented by private counsel Talaimalo Marcellus Uiagalelei while prosecuting for the government is Assistant Attorney General Christy Dunn.

On the witness stand yesterday, Capt. Clemens reiterated everything that is in the criminal complaint.

And that is, Salanoa, while on guard duty on the night in question, permitted Lefatia to leave the THC because he "felt sorry for him" and he's not one to "judge people". Clemens said Salanoa revealed to him during an interview that he knew Lefatia had in his possession a cell phone (which is against DPS rules) and he permitted Lefatia to leave because he was just frustrated with how he was being treated at DPS.

(Salanoa is charged with permitting an escape and concealing an offense — both felonies. His bail is set at $10,000).

According to what is in court documents, and what Clemens testified to, an inmate at the THC has admitted that Salanoa would permit Lefatia to leave the holding cell. Salanoa would then order the inmate to arrange Lefatia's bedding to make it appear as if someone was sleeping in it.

Altogether, Lefatia is alleged to have left the THC a handful of times in January and February.

Clemens noted that Lefatia has pending cases against him. One has to do with his alleged escape from TCF and subsequent shooting of a man in Leone, and the other involves the assault of another inmate.

According to Clemens, two cops who showed up to relieve Salanoa on the morning of the alleged escape observed Lefatia coming down the mountain behind the THC. When asked where he had been, he said he was "up there visiting family.”

Clemens also testified that information revealed by the inmates to him during the investigation is that Salanoa was given money by Lefatia in exchange for preferable treatment.

(See Samoa News March 20, 21 and 22 for details).

It was "I'll help you if you help me," said Clemens, referring to the alleged arrangement between Lefatia and Salanoa.

For the charge of escape, prosecutor Dunn argued that regardless of whether Lefatia was let out or forced his way out; or whether he conned the cops into letting him go, the fact is, he was in confinement and there's enough probable cause there.

For the bribery charge, she said that based on testimonies from witnesses, Lefatia gave money to Salanoa. Whether it was a loan or payment, doesn't matter. It all goes back to "I'll help you if you help me."

Defense attorney Uiagalelei argued that his client did not in fact run away or escape. He said that on the day of the alleged escape, Lefatia walked back to the THC on his own, and he was within the vicinity of where he and the other inmates are allowed to 'roam' around. "He was right there," he said.

According to Clemens, inmates are allowed to shower, clean up, and do chores between 6 a.m. and 6 p.m.

Afterwards, they are to be locked down unless they have to use the restroom.

In rendering his decision, Judge Patea said the court does not dictate where inmates are to be confined. He said that is the executive branch's decision and they have people with skills to determine where inmates should be held.

He referred to the defense argument that inmates are allowed to roam free and said, "Being outside the fence at 10p.m? That doesn't fly with me."

As to the bribery charge, Judge Patea said there is an 'imbalance' there, because whether it was a loan or a gift, the defendant is essentially loaning to his keeper (the guard).

"I'm convinced that there's enough probable cause to bind these two counts over to High Court," he concluded.

Arraignment is scheduled for this morning, where Lefatia is expected to enter a plea of "not guilty" to both charges.