No breaks for inmate accused of violating probation

Pago Pago, AMERICAN SAMOA — An inmate who was held at the Territorial Correctional Facility (TCF) for 226 days while awaiting an Order to Show Cause (OSC) hearing has been ordered to serve out the remainder of his 5-year probation sentence behind bars, for failing to comply with conditions of probation.

Faletolu Fita appeared in High Court last week for a Disposition Hearing.

Before the court delivered its decision, Fita apologized for what he did and said he tried his best to start a new life after he was released, but his friends persuaded him to join them for a drinking session. He begged for another chance so he can return home and care for his elderly parents.

Defense said that instead of revoking probation, the court could modify conditions of his client’s probation, and allow him to continue on probation, without any additional detention period — saying his client has already served more than 12 months in pretrial confinement, and that can be his sentence.

The prosecution agreed with the submission, not to revoke probation but instead, modify its conditions.

The court looked at the prosecutor and asked, “So, you want us to return him to probation, to do nothing.”

“He has a drinking problem and he hasn’t bothered to visit Probation when he was released from jail. He hasn’t paid his fine and he does not have a job. So, we don’t know what he’s going to do if we place him again on probation.”

A recess was called and moments later, the case details were read aloud in court.

On May 5, 2016, the government charged Fita with stealing and first-degree burglary, both class C felonies. However, under a plea bargain, Fita pled guilty to first-degree burglary and the remaining charge was dismissed.

He admits that he entered a Leone home at night without permission and stole several items from inside.

The court sentenced the defendant to probation and ordered him to serve 20 months at the TCF as a condition. The court released Fita in November 2017 and conditions required him to seek employment, remain sober, and be law abiding.

Rather than taking the opportunity he was given, Fita returned to his drinking life and as a result, he was arrested and charged in District Court of third-degree assault and disturbing the public peace in January 2018.

He was sentenced to 120 days in prison, as a condition of his 1-year probation after a third-degree assault conviction.

 Fita was served with a copy of his Order to Show Cause (OSC) from the High Court the same date he was sentenced in District Court, which was January 2018. He was scheduled to appear in High Court the following week.

However, the case fell through the cracks and Probation was not aware of the OSC.

Last month, Fita appeared for a preliminary hearing, on the allegation that he violated conditions of probation.

After reviewing all the facts of the case, the court believes Fita will do the same thing if he’s allowed back out. In the end, probation was revoked.

“Defendant will serve the balance of his probation. Submit your request to the Parole Board,” the court said.