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Sunia advises defendant accused in 3 cases to listen to his lawyer

District Court Judge Fiti Sunia
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — District Court Judge Fiti Sunia has strongly advised a man who is charged in three separate criminal cases to listen to his attorney, and not do his own will.

Alapati Nansen appeared in court this week for his pretrial conference. He is named as a defendant in three criminal cases — one from 2017 and two this year. When his case was called, his attorney, Assistant Public Defender Anna Wells along with the government’s attorney, Assistant Attorney General Jason Mitchell, informed the court that they have reached an agreement in this case.

According to the plea agreement, Nansen will plead guilty to private peace disturbance (PPD) from the 2017 case, along with property damage, PPD and two counts of criminal contempt of a court order from both of his 2018 cases.

Both parties recommended to sentence Nansen to 12 months probation, subject to the condition that he attend and complete anger and alcohol counseling.

For the count of PPD, the government claims that on Mar. 23, 2017 Nansen disturbed the peace at his residence by scolding his son and threatening to cause injury to him.

For the two criminal cases this year, the first happened on May 21st, where the government claims Nansen threatened to beat up his son while he was intoxicated. He also damaged the door to his son’s home. The second happened on Aug. 14th— the government claims Nansen chased his son from the house and threatened to assault him. Nansen was also intoxicated that day.

“Did you receive any advice from your attorney, Mr. Wells?” Sunia asked Nansen.

Nansen responded, “No, it was my own free will because I want to finish my cases.”

When asked by the court whether he agreed with what had been said, Nansen denied the government’s allegation that he threatened to cause injury to his son. He said he scolded his son and ordered him to find another place to stay, because he suspects his son is doing ice (meth) and he doesn't want the village council to punish his family because of his son’s actions.

“Did you threaten your son?” Sunia asked the defendant again.

Nansen replied, “No, I did not threaten my son. I only scolded him to leave the house.”

“Did you damage the door of your son’s house?” Sunia asked Nansen who responded, “The house does not belong to my son. I built the house, so the house belongs to me, not my son.”

After hearing Nansen’s answers, Sunia told the government attorney that the court does not have factual basis to accept the plea bargain with the defendant. Therefore, the court rejects the defendant’s plea.

After a brief discussion between Judge Sunia and both attorneys, Nansen’s case was  continued to next week.

“The court will continue your plea agreement until next week. In the meantime, the court strongly advises you sir to listen to your lawyer, not your own free will. There are issues that you need to discuss with your lawyer,” Sunia said.