Pago Pago, AMERICAN SAMOA — Government attorney, Robert Morris is complying with a court order issued by Chief Justice Michael Kruse last week, to turn over by June 1, all discovery in the case of one of the defendants in the food stamp fraud case; if not, “there are consequences” of failure to comply with the court’s order.
Yesterday, the court was notified that Morris was complying, as the defense has received “part” of the discovery; while “more” will be turned over later in the day.
Vincent Toeava, who is facing 19-criminal counts and is still in custody unable to post a $450,000 surety bond, appeared in High Court last week for his pretrial conference and motion to reduce bond.
Morris is prosecuting the case while private attorney David Vargas is representing Toeava.
Vargas told the court that they received part of the discovery yesterday morning, and "more will be turned over to us later on this afternoon.”
He then requested another continuance so he and his client can have a chance to go over it.
Kruse asked Vargas if he wanted to extend the time limitation period to file a pretrial conference motion, and Vargas said yes.
Vargas did not elaborate to the court what “part” of the discovery he received from the government, and what “more” he’s expecting.
Kruse granted the motion for a continuance.
One of the reasons why Vargas requested for discovery to be turned over is so he can argue his motion for a bail reduction.
Kruse assured the defense during a hearing last week that their motion for bail reduction could be heard yesterday. However, that motion will be heard next month, as the court has granted the motion for another continuance.
In his request for discovery last week, Vargas said he wanted everything, including statements by all the government witnesses; police reports; bank records, and anything the government feels can be treated as discovery in this case.
BACKGROUND.
Toeava, a former employee of the Department of Human and Social Services (DHSS), is one of the 3 individuals the government charged in the food stamp fraud case earlier this year in January. His two co-defendants are Liren Zhang, a.k.a Kevin, a businessman, and Jane Vasa, another former DHSS employee.
Co-defendant Kevin, who is still in custody unable to post his $540,000 surety bond is scheduled to appear in court today for his pretrial conference. Jane Vasa is out on bail.
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