NICHOLAS KUKA ENTERS GUILTY PLEA IN SEX CASE

Nicholas Kuka, who's charged in connection with allegations of sexual assault, has entered into a plea agreement with the government. Kuka is charged separately from a woman who’s also accused of the same allegations involving the same girl, on the same night, and on separate occasions.

Kuka is being held on bail of $20,000 and is represented by the Public Defender’s Office. He is 21 years old, and is facing charges of rape, sodomy, sexual assault, deviate sexual assault and sexual abuse, first degree. In the plea agreement with the government, Kuka pled guilty to sexual assault.

He admits that he sexually assaulted the16-year-old girl in April, 2015. In return the government requested that Chief Justice Michael Kruse dismiss the remaining charges in this matter.

Upon acceptance of Kuka’s plea of guilt, the government moved for the court to dismiss the remaining charges. The agreement contains the normal legal caveat for sentencing, including that he understands and accepts that in the event the court decrees a different sentence than that recommended by counsel, defendant will not be allowed to withdraw his plea of guilt.

The plea was accepted and Kruse scheduled sentencing for the defendant next month.

According to the government’s case, a woman reported to the police that her 16-year-old daughter had run away from home. However the police investigation uncovered that the woman was not the victim’s biological mother, rather she was her aunt, and the girl was raised with the woman’s biological children.

It's alleged that the victim told the police that Kuka had sex with her twice.  Police spoke to Kuka, who admitted having sex with the girl. It's alleged that the sex occurred in Malaeloa, and according to the government’s case, the two incidents are alleged to have occurred on the nights of April 22 and April 23, 2015.

MAN CHARGED WITH STEALING TOOLS FROM TSM & CBT

The Attorney General’s office has charged Leroy Fuimaono with two charges of felony stealing, which Fuimaono is alleged to have done in order to exchange stolen items for cigarettes. The defendant was arraigned in High Court last week, on a case that is alleged to have occurred on August 7, 2015.

According to the government’s case the incident came to light when the police received a call for assistance from the TSM Mart Store in Tafuna, where it is alleged that employees of TSM had observed on surveillance camera the defendant placing eight 4-inch screwdrivers into his pocket and then leaving the store without paying.

The government’s case alleges that defendant admitted to taking the screwdrivers which he stole so that he could exchange them for cash to buy cigarettes because he had no money.

The police also asked the defendant about a separate case at CBT where tools were stolen on July 21, 2015.  Fuimaono had been caught on video surveillance allegedly stealing tools from CBT where he walked out without paying.

The defendant told the police he sold the tools from CBT to another man who was outside the CBT store the same day for about $30 which he said he spent to buy food for his family. Estimated value of stolen items are: jig-saw at $149; drill at $106 and screwdrivers total at $287.

MAN TO ENTER GUILTY PLEA IN CASE INVOLVING 11-YEAR-OLD GIRL

Salati Tuitamailavetiga,19 years of age, facing charges of first degree sexual abuse and sodomy on allegations that he sexually abused an 11-year-old girl has signed a plea agreement with the government. Tuitamailavetiga is represented by the Assistant Public Defender Mike White. The change of plea hearing for the defendant is scheduled for this week.

According to the government’s case the matter was reported to the police by a Social worker regarding the young girl, who was observed with love bites on her neck which the police later photographed. It’s alleged that the 11-year-old girl said she was playing hide and seek with her other friends and someone introduced her to the defendant.

Court filings say that Tuitamailavetiga took the girl to a nearby shack and gave her “hickies” or love-bites on her neck, and touched her inappropriately on her private parts. In March the police interviewed the defendant in the presence of his aunt.

Court filings say that Tuitamailavetiga admitted that he had touched the victim on her private parts but said that was all he did. The other girls who were present told the police they were playing when the defendant took the victim to a nearby shack.

More details of this case are found in Samoa News June 19, 2015 edition.