Kruse wants an inventory of everything inside Evidence Room

Pago Pago, AMERICAN SAMOA — Chief Justice Michael Kruse has ordered a government attorney to make sure she provides to the court a report of “what is inside the government’s evidence room,” so the court will have a better understanding of where the contraband police have confiscated from various criminal cases, is being stored.

The order was made to Assistant Attorney General Christy Dunn during Hapakuki Fotuaika’s case when it was called in High Court yesterday morning.

Dunn was there as prosecutor while Richard deSaulles, a private attorney from RDA Law Firm represented the defendant.

When Fotuaika’s case was called, his attorney informed the court that the government has just turned over to them discovery in the case, and both parties are now engaged in negotiations for a resolution.

“What do we need to do?” Kruse asked both attorneys.

Dunn responded by saying the government wants a continuance for 2 more weeks, so both sides can have time to finalize their plea negotiations. Kruse granted the request.

“Is the weapon that was involved in this case under the custody of the government?” Kruse asked Dunn.

“Yes, your honor,” Dunn replied.

Kruse then addressed the issue of contraband from other cases, which were not brought to the court.

The CJ said he wants an inventory of what's inside the government's evidence room and he ordered the prosecutor to make sure she provides a list of all items that are in the DPS evidence room for the court.

“I want Officer Jennings to tell us what is sitting there,” he said.

Officer Jennings is the DPS Evidence Custodian.

Fatuaika’s case is now continued to June 15th. The defendant has pled not guilty to all charges, during his arraignment earlier this year. He is out on a $10,000 surety bond.

Eyewitnesses told police Fotuaika was at a nightclub on the night of the Super Bowl game and at some point, there was a confrontation between the defendant and a female, the alleged victim in this case, which caused the defendant to become angry, walk outside of his vehicle, grabbed a gun, and allegedly fired shots into the air.

Eyewitnesses told police the defendant allegedly kept firing the gun into the air from inside his vehicle as he drove off.

BACKGROUND

Last week, Samoa News reported that, despite the order by Kruse in April for the government to produce all the items that were seized in the case of a 38-year-old Chinese national, nothing was presented when the man appeared in court last month for sentencing.

Tao Liu was sentenced last week to serve 40 months at the TCF, as a condition of a 7-year probation term.

It’s a common practice for the court, during sentencing for individuals convicted of unlawful possession of drugs, to order that the illegal substances, along with any contraband seized by police, be brought to court and thereafter, destroyed.

When Liu was arrested in Aug. 2016, police confiscated a 45-caliber gun which was fully loaded with live ammunition; cut-up straws sealed on both ends containing methamphetamine; two medium-sized clear plastic bags containing marijuana; a glass pipe commonly used to smoke ice; and a digital scale commonly used to weigh small amount of drugs for sale.

None of the items were presented to the court last week.