Court Report: Arrests, pleas and sentencings

Pago Pago, AMERICAN SAMOA — Aniseko Seigafo was released from custody this week after the court decided that the 404 days he spent in jail while awaiting the outcome of the case was enough for his period of detention.

Seigafo, appeared before Acting Associate Justice Elvis P. Patea for sentencing, apologized to the court for his action and told the court that he’s tired of staying in prison and wanted to go home.

The defendant asked the court to “Please, release me to go home.”

Defense attorney and former public defender Michael White asked the court to adopt the recommendation by Probation and sentence his client to a term of probation.

Prosecutor Angelo Drummond echoed the defense submission for a probated sentence.

According to the court, the defendant is not new to the court system. Records show that he had 4 misdemeanor convictions in District Court back in 2016.

For this case, the defendant was convicted for 2nd- degree assault and was sentenced to 5 years probation.

The defendant was ordered to remain law abiding and visit probation once a month.

He shall serve 20 months at the Territorial Correctional Facility (TCF). He was credited for the 404 days he served while awaiting the outcome of his case. The court stayed the balance of detention.

The defendant was also ordered to submit himself for random testing for alcohol or illegal drugs.

SEKO FIAME

A 42-year-old man accused of assaulting his girlfriend told the court that the allegations against him are true.

Seko Fiame, who has been in custody since his arrest in the beginning of this year, unable to post a $30,000 surety bond, appeared before Acting Associate Justice Elvis P. Patea this week for a Change of Plea hearing.

He was represented by former Public Defender, Michael White while prosecuting the case was Angela Drummond.

Fiame was initially charged with 1st- degree assault involving domestic violence, a class A felony, punishable by a term of imprisonment of 10-30 years, or life imprisonment. However, under a plea agreement with the government, accepted by the Court this week, Fiame pled guilty to the amended charge of 2nd- degree assault, a class D felony, punishable by a term of imprisonment of up to five years, a fine of up to $5,000.

By his guilty plea, Fiame admits that on Jan. 1st, 2022 he recklessly caused physical injury to his girlfriend when he punched her in the face, causing swelling to her left eye causing her to temporarily lose her vision for a period of time.

Fiame was remanded back to the Territorial Correctional Facility awaiting sentencing, which is scheduled for Aug. 24 at 9a.m.

Associate Judges Faamausili Pomele and Paepae I. Fai’ai assisted Patea on the bench.

BACKGROUND

The government claimed that about 11:30a.m on Jan. 1, 2022, the Tafuna Police Substation (TPS) received a report that a woman was allegedly assaulted by her boyfriend.

The woman who reported the matter to police told investigators that the defendant punched the victim in the left eye then slapped the back of her neck and caused her to faint.

Investigators were also informed that the victim could possibly go blind due to the injuries.

VAIULA MOSE

A man who failed to appear in court twice for his pretrial conference is now in custody after he was arrested by police last week pursuant to a bench warrant.

Vaiula Mose, accused of violating local drug laws appeared in High Court yesterday morning for a Order to Show Cause (OSC) hearing. He was represented by the acting public defender David Vargas while prosecuting the case was Assistant AG Angela Drummond.

Mose was released on bond at the beginning of this year awaiting his case still pending in court. One of the conditions of his release was to make all of his court appearances and stay in close contact with his attorney.

According to court record, Mose failed to appear in court in April during his pretrial conference. The court continued the hearing for last week, however, Mose again failed to appear in court. The court then issued a bench warrant and set bail at $1,000.

Yesterday, Mose was in court for his pretrial conference hearing after he was arrested over the weekend. His defense attorney asked the court for a continuance saying that he needed time to speak to the defendant about his case.

The prosecutor informed the court that the government had already provided discovery and an offer to the defense team.

After considering submissions from both parties and the facts of the case, the court decided that bail would remain at $1,000. The court told Mose that keeping him in custody is the only way the court believes he will remember his hearing and appear in court for his hearing.

Mose’s next hearing is Aug. 12 at 8:30a.m.

AMIATU LAUTAFI

Amiatu Lautafi, who is on probation for an assault conviction is now in custody after he was arrested last month on the allegation he violated local drug laws.

Lautafi and another man were inside a vehicle pulled over for a traffic violation on the night of June 22, 2022 in Iliili.

According to the government’s case, two traffic officers were patrolling the Iliili public highway on Wednesday night, June 22 when they observed a pickup truck on the road with only one working headlight.

Officers initiated a traffic stop. When officers approached the vehicle, two men were inside — the driver and a male passenger later identified as Amiatu Lautafi, the defendant in this matter.

Lautafi was arrested when he exited the vehicle and was seen trying to reach inside the rear pocket of his pants while trying to avoid the officer who walked over to him. Officers instructed Lautafi to remove his hands from his pocket, but Lautafi did not comply. He was immediately arrested and placed inside the police unit.

A body search was conducted on Lautafi and illegal drugs were found on him.

The driver of the vehicle was also interviewed by police and told officers that he did not know Lautafi had drugs on him until he was searched by police.

Lautafi made his initial appearance in court. He’s charged with one count of unlawful possession of meth and one count of unlawful possession of marijuana, both unclassified felonies, punishable by term of imprisonment from 5 to 10 years, a fine not more than $20,000, or both. Bail is set at $5,000.

TAULAGI LEVI

A man accused of selling hand rolled marijuana cigarettes to two men last year has entered into a plea agreement.

Taulagi Levi, 40, appeared in court last week for a pretrial conference but pled out instead.

Levi was initially charged with unlawful possession of marijuana with the intent to distribute; and unlawful possession of marijuana. But under a plea agreement with the government, accepted by the court, Levi pled guilty to a lesser, amended charge, a class D felony punishable by up to 5 years in jail, a fine of up to $5,000 or both.

Levi admits that on Sept. 23, 2021 in Tafuna, he sold 5 hand rolled marijuana joints — for $5 apiece — to two men he claims are his regular customers.

The case was reported to police by a woman who found two joints in her nephew’s wallet, which were left inside her car. The woman told police that her nephew borrowed her vehicle for two days.

The woman confronted her nephew about what she found but her nephew denied the joints were his and accused her of planting the evidence on him.

A verbal argument erupted between the woman and her nephew, and it ended with the woman telling police about Levi who was her nephew’s best friend, and that he had been selling drugs in the village for years — but nobody had reported it to police out of fear of Levi and his family.

A search of Levi’s home and plantation was carried out, where police found drugs and drug paraphernalia.

Levi, who is out on a $5,000 surety bond, will be sentenced next month.

The report makes no further mention of the nephew and the two hand rolled marijuana joints.