Court denies motion from man jailed for having sex with his minor stepdaughter

Pago Pago, AMERICAN SAMOA — Chief Justice Michael Kruse has denied a motion filed by the 50-year-old stepfather who is serving a straight 15-year sentence at the Territorial Correctional Facility (TCF) for having a sexual relationship with his 15-year-old stepdaughter.

Wayne Otto Smith, through his attorney, had requested the court to vacate his sentence.

Before delivering his ruling last Friday, Kruse stated that not only will he put something in writing with regards to the court's decision, he will also send out something based on the ‘Rule 12 about Sanctions’ later on.

Smith appeared in court last week for a status hearing. He is represented by private attorney Richard deSaulles of RDA Law Firm, while Assistant Attorney General Christy Dunn is representing the government.

Smith’s motion was heard on Nov. 19, 2018.

A continuance was scheduled for Friday, Nov. 30 for the court to deliver its decision.

When Smith’s case was called, Kruse said somebody was not right.

“Somebody lied to the court and I’m talking to you counsel,” Kruse said, referring to defense counsel, deSaulles.

“I specifically asked the defendant under oath whether the plea agreement before the court he already signed, contained everything that was discussed with the government. His response was, ‘Yes, your honor’,” Kruse recalled.

The Chief Justice reminded deSaulles that his client was under oath when he was questioned by the court regarding the terms of his plea agreement, during his Change of Plea (COP) hearing.

“This is my problem. If I accept your motion, plea agreements will not work anymore with the court. There is no guarantee in any plea agreement,” Kruse explained.

He added that his main concern is the fact that the court dismissed a whole bunch of charges against the defendant, with the understanding that he will agree with all terms of the plea agreement he signed with the government. However, it appears to the court that this is not the case.

deSaulles said the court’s point is clear and he agrees with it. But the only reason why they filed the motion was based on the government attorney’s statement that she will not seek the maximum sentence.

He said this statement should have been part of their agreement. However, that was not the case.

deSaulles said he has dealt with counsel Dunn for over a year now, and he will agree if she states that it was an honest mistake to seek the maximum sentence for his client, despite the fact that she agreed not to.

Kruse broke in and said to deSaulles, “Not only on her part, but also your part because you signed the plea agreement.”

He agreed, saying it is a good lesson for the future.

Kruse reminded deSaulles that the bottom line is, the court swore-in the defendant and asked him a lot of questions regarding his plea agreement. In his response, Smith said he fully understood all terms of the plea agreement, including the part that he will not be allowed to withdraw his guilty plea.

“Now he’s coming back, saying he does not want his sentence,” Kruse said.

deSaulles said his client takes no issue with the court’s decision on his sentence.

“My client’s only problem is, he feels that counsel Dunn was dishonest with him," referring to her submission to the court for sentencing.

Kruse fired back, “What if we throw out the plea deal and we’ll set his case for trial?”

There was no response from both attorneys.

“Your client was questioned under oath regarding his plea agreement with the government. Moreover, this motion was made more than 120 days outside of the day of sentencing. If not, then you can take it up on appeal and we’ll see what happens,” Kruse said.

“So now, you have my order. Your motion is denied. I’m going to send out something about Rule 12 on Sanctions later on,” he concluded.

Two weeks ago, Smith argued a motion to vacate a sentence that was handed down 6 months ago. Smith and his attorney argued that the government agreed not to ask for the maximum sentence; however, during sentencing, the prosecutor did just that.

BACKGROUND

Smith was initially charged with 3 counts of rape; 2 counts of sodomy; 6 counts of first degree sexual abuse; and 3 counts of incest — all felonies — along with 2 counts of endangering the welfare of a child, a class A misdemeanor.

Under a plea bargain with the government, Smith pled guilty to three counts of incest, a class D felony, punishable by 5 years in jail, or a fine of up to $5,000, or both — for each count.

With his guilty plea, Smith, who has been in custody since his arrest last year, told the court that he knew the victim was his stepdaughter, and he was married to the victim’s mother.

He further admited that between Sept. 1 and Dec. 31, 2012; June 1 to Dec. 31, 2014; and Jan 1 to Mar. 27, 2015, he had a sexual relationship with his stepdaughter, a high school sophomore.

According to the Pre Sentence Report (PSR), the relationship between the defendant and the victim included sexual intercourse that was ongoing for 2 years at his home, and sometimes inside the defendant’s vehicle when he went to pick the victim up from school.

Kruse said the defendant went as far as creating a Facebook page with an alias, which he used to monitor the girl. The Facebook page contained some disgusting pictures of the defendant and the child. It was through this page that friends of the victim recognized the man in the photos as the defendant.

 Smith was sentenced to 5 years imprisonment for each of the three counts of incest, and the sentences are to be served consecutively, which means 15 years — no probation.

“Address your leniency and rehabilitation plea to the Parole Board,” Kruse said.