Two key witnesses heard from in case against former CIO Peseta

Pago Pago, AMERICAN SAMOA — The government case against the former Chief Immigration Officer (CIO), Peseta Dennis Fuimaono accused of his role behind the attempt to forcibly remove a woman and her husband from the territory to avoid filing charges against former Chief of Staff, Fiu Johnny Saelua is now in its last phrase, which is the closing arguments by both parties.

Yesterday, the government wrapped up its case after calling over ten witnesses. The defense called their only witness, a senior immigration officer, Paelo Puni Jr.

The case will reconvene at 9:30a.m today where the court is ready to hear closing arguments from both parties.

Presiding on the bench is Associate Justice Fiti Sunia. Assisting Sunia on the bench is Chief Associate Associate Judge Mamea Sala and Associate Judge Tunupopo A. Tunupopo,

Independent Prosecutor (IP), David Vargas is prosecuting the case while Togiola T. A Tulafono is representing the defendant.

Peseta is released on a $15,000 surety bond and is charged with kidnapping, tampering with a witness, and obstruction of justice - all felonies.

MOTION FOR ACQUITTAL

Associate Justice Sunia denied without prejudice a motion of acquittal by the defense.

When the government rested it case, defense attorney, Togiola argued for a motion of acquittal, saying that the government did not present any evidence to prove that his client was involved in the attempt to forcibly remove the couple from the territory on Dec. 1st, 2016.

Togiola argued that no witness provided any testimony that it was his client who ordered the couple to be forcibly removed from the territory.

IP Vargas argued that it was the government’s first witness, Fiu, who testified that he informed Peseta regarding his motive to remove the victim and her husband to prevent the victim from filing charges against him.

Togiola fired back saying that during his cross-examination with Fiu, he asked him’ if he ever mentioned to Peseta his motive to remove the victim and her husband from American Samoa. His response was, “I believed so.”

Togiola said Fiu did not say he was fully assured about it, only that he believes he mentioned his motive to Peseta.

DAY 2

The female victim at the center of the government case against former CIO Peseta testified on Day 2, as well as the Immigration Officer who would not board the couple on the Lady Naomi vessel.

The female victim testified that she had no intention of filing a criminal complaint against former Chief of Staff Fiu, but, it was during her meeting with Ipu Lefiti on Dec. 15, 2016 that she changed her mind and decided to file a criminal complaint against Fiu. She did so with the help of Ipu.

The female victim was the first government witness called to the stand on Day 2 of Peseta’s bench trial. The victim was in tears while she testified about the incident that happened between her and Fiu while staying with her mother and children at Fiu’s residence in Leone around 2016.

The victim testified that one night while she was inside her room with her young son Fiu came and stood at the door, staring at her while holding a beer bottle in his hand. The victim further stated that there was a time where Fiu allegedly touched her inappropriately. He also made sexual remarks to her.

As a result, she moved out of Fiu’s house and was staying with Fiu’s niece and her family — also in Leone. However, two weeks later she decided to return to Fiu’s house because her mother was still living there.

On Oct. 1, 2016, according to the witness’s testimony, a meeting was held at Fiu’s house to discuss the allege incident. People who attended the family meeting were the victim and her husband, Fiu, his wife, Catherine Aigamaua-Saelua and their daughter.

During the family meeting, she got the opportunity to speak of Fiu’s inappropriate actions and remarks towards her; and at one point, Fiu’s daughter (Laloifi Saelua) allegedly assaulted her.

After the family meeting, the victim decided to keep the peace and harmony and she also decided to forgive Fiu for what he did to her. At that time, there was no intention to file any criminal complaint against Fiu.

The victim also got the opportunity to explain to their sponsor (Fiu’s sister) what had exactly happened and the reason they left Fiu’s house.

It was between October and December of 2016 while the victim and her husband were living with Fiu’s niece in Leone that two immigration officers visited their new place and told the victim they had a letter from their sponsor, seeking to terminate sponsorship — however the immigration officers didn’t provide any document.

The two immigration officers then took the victim from her new home and proceeded to pick up the victim’s husband from his work place in Petesa, before they headed to the American Samoa Insurance (ASI) office in Nu’uuli.

The witness stated that she didn’t know why they went to the ASI office in Nu’uuli. All she knows was that the ASI is their sponsor’s business., and she believed that the reason they went to the ASI office is to speak with their sponsor.

“Did you or the two immigration officers speak to your sponsor?” Vargas asked the witness.

She responded that her and her husband never spoke to their sponsor at that time because they were instructed by the immigration officers to wait in the vehicle while they  went inside the ASI office.

After their stop at the ASI office, they then proceeded to the EOB before they went to the Fagatogo wharf where the Lady Naomi vessel was for a Samoa sail.

According to the witness’s testimony, she had no idea why the two immigration officers transported her and her husband to the wharf, but once she saw the Lady Naomi that was when she realized that something was going to happen to them.

While they were left at the wharf, the witness noticed another immigration officer by the name of Sam Soliai, also known as Samuelu Fuimaono (one of the government’s witnesses) working at the wharf that day. She approached Soliai and requested use of his phone to call the Paopao family in Leone.

The witness spoke to the Paopao couple where they were staying and informed them about their situation. She also told the Paopao couple that she wanted to see her children.

A few minutes later, another immigration officer by the name of Jason Laumoli (one of the government’s witnesses), transported the victim and her husband back to the Immigration Office at the EOB where they met up with the Paopao couple and the children.

According to the witness, the Lady Naomi vessel left for Samoa that day while they went back to their home in Leone with her husband, her children, along with the Paopao couple.

Vargas asked the witness how did she meet up with Ipu Lefiti. According to the witness, Mrs. Lefiti came to the place where they staying at the Paopao residence in Leone and they discussed the matter on Dec.15, 2016.

When asked if she ever filed a criminal complaint at the DPS office against Fiu; the witness replied, yes, she filed a complaint against Fiu with the help of Mrs. Lefiti.

When asked on how she could remember all of these dates when each event happened, the witness said she wrote every single event in a book.

In cross-examination, defense attorney, Togiola asked the witness if she ever gave police the book where she wrote her notes and dates. The witness replied, no, she didn’t give the book to police but she used all the information contained inside the book when she wrote her statement and gave it to police.

When questioned about the family meeting with the Saelua family on Oct. 10th —where she informed the family about Fiu’s actions towards her — the witness explained that after the meeting on Oct. 10th, she still had decided not to file any criminal complaints against Fiu. She said she wanted to keep the peace and harmony and for everyone to move on with their life.

“When did you meet Ipu between Oct. 10th to Dec. 15th”, Togiola asked the witness.

She replied, “I met Ipu on Dec. 15th, and it was that same date when I decided to file a criminal complaint against Fiu.” She reiterated that it was only after she spoke with Ipu on Dec. 15th that she had a change of heart and decided to go forward with her criminal complaint against Fiu.

When asked whether she ever had a return ticket for the vessel to Samoa, the victim said, no.

According to the female victim, on the day they were taken to the wharf, both her and her husband didn’t have return tickets to Samoa nor did she have any form of travel document. Only her husband had a passport.

Togiola approached the witness and gave her a document marked as exhibit #2. It was the copy of a letter to terminate their sponsor.

The witness recalled seeing the document on the morning of Dec. 7, 2016 when another immigration officer by the name of Paelo Puni (one of the government’s witnesses) called her and told her to come to the Immigration Office at the EOB to sign the letter.

The victim also confirmed to Togiola that it was an Immigration Office vehicle that the two immigration officers used to transported her and her husband to the wharf. She described it as “a green color truck — F-150 with the LA on the number plate”.

Chief Associate Judge Mamea asked the witness, if there was anytime on Dec. 1st, 2016 when she and her husband were picked up from Leone and transported to the wharf by the two immigration officers that she heard someone mention the name of the defendant, ‘Peseta Dennis Fuimaono’.

The witness said she never heard anyone mention the name, however, there was a time during a telephone conversation by one of the two immigration officers that she overheard the officer say, “Chief, we’re almost there”.

Sam Soliai, a.k.a Samuelu Fuimaono was the second government witness called to the stand. He told the court that on Dec. 1st, he worked at the wharf as the acting supervisor responsible for clearance of the vessel. He described what a person needs to travel on the Lady Namoi to Samoa and confirmed that while the husband had a passport, the wife did not, nor did they have documents saying they were ‘okay to board’. Also, neither had return tickets to Samoa.

The one thing he noticed was that the couple was transported to the wharf by two immigration officers (Ita’i and Jerry) but he had no idea why the couple was transported to the wharf until he asked the two officers, and they explained to him the situation.

“Was there any effort to put the couple on the vessel on Dec. 1st so that they can be returned to Samoa,” Vargas asked.

Fuimaono replied, “No counsel”, adding that, “If there was any move to put the couple on the vessel on that day, I would stop them because the couple didn’t have their passports with them nor a return ticket to Samoa.”

In cross-examination, defense attorney, Togiola asked Fuimaono if he knew what vehicle the two immigration officers used to transport the couple to the wharf. Fuimaono replied that it was the office vehicle, a F-150 truck, navy-blue in color.