Acting AG takes the lead in House Public Safety Committee hearing

Pago Pago, AMERICAN SAMOA — Moving forward to improve conditions at TCF was a huge concern House members voiced during the House Public Safety Committee hearing on Thursday morning Aug 24, 2023 where Director of the Department of Corrections (DOC) Tauanuu Semo Faisiota, Tafuna Correctional Facility (TCF) Warden Papalii Fitisemanu and Acting Attorney General, Lynne Blankenbeker appeared. 

Committee Chair, Avagafono T. Maiava said people may wonder what the faipule are doing, as they are addressing TCF issues for the 5th time and it is still happening — that inmates are jumping the fence.

(The most recent unconfirmed report of two escaped inmates happened two weeks ago, Aug. 14 where one was allegedly found near the AS Community College, two hours after he was reported missing; while on the same night, well-known prison escapee, Joeita Faaaliga was reported to have left the TCF and returned later in the evening. Faaaliga was also reported to have done the same the week before.)

In addition to escapes, Committee Chair Avagafono also pointed out, despite the Fono approved budget appropriation for food, faipule keep hearing that there is no food. That is something TCF needs to address with the Governor, Avagafono said, because the Fono has done its job of approving whatever has been appropriated, based on the proposed budget.

A Committee member also advised in regard to the issue with food, the $200,000 food budget sounded pretty small. Currently that’s $8 a day per person.

Avagafono brought up the subject of the inmate who is known for his escapes from TCF — breaking out again and again about two weeks ago.

(Samoa News points out that no name was mentioned, however inmate “Joeita Faaaliga” is said to hold the record for the most escapes, and Corrections Director Tauanuu has noted that whenever Faaaliga is hungry, he leaves prison.)

Avagafono said he’s just grateful nobody got hurt and nobody shot the guy, however there was damage reported by the affected business owners.

The Chair told the Corrections Director, if he needs more people (prison guards) that is something he has to address with the governor because the Committee’s approval was based on 75 (guards) being the number that was submitted as needed.

He reiterated that the Fono has done its job, and if TCF needs more they can submit a supplemental request or they have to look to see if their budget can support their needs.  

Tauanuu said the inmate with the habit of jumping the fence, is currently locked up in the maximum security cell — going on two weeks now. 

Maoputasi IV faipule Tapai Alailepule Benjamin Vaivao joined others with the same concern that this inmate should be kept in there before someone gets hurt or legal action is taken over property damage.

Faipule Titialii K.Vaiau suggested TCF needs to move on and justify their need for a watch tower in their budget. "Don't just sit back, the two of you — Director and Warden need to help each other and facilitate acquiring a tower.”

Tauanuu said there was a meeting with a contractor and funders following discussions with Public Works and the Lt. Governor to carry out improvement work to the rear side of the fence, to avoid any more escapes.

The issue of a rehabilitation program was also brought forward, as nothing has been done to expedite one, according to the committee members.

Acting AG Blankenbeker said that money for an opioid settlement is here for the Territory to use. It's part of an ongoing settlement and includes a recommendation to build a rehabilitation center.

The AAG said the opioid settlement will be providing money for the next 15 years going all the way to 2038 — channeling $110,000 a year for hospital treatment and there is also pending legislation before the US Congress to extend Medicare for substance abuse, especially for inmates.

Asked if the AG’s office is ensuring inmates’ human rights are being protected, AAG Blankenbeker said the Attorney General’s Office takes that seriously, “we do make sure that we are attending to criminal matters as quickly as possible.”

She said there are different categories of inmates.

“There are inmates for pre-trial mention, inmates for incarceration as a result of a judgment, and you have immigrants who were there, also being in those categories if they've committed a crime, so we connect that to understanding the immigration law, understanding the US constitution, the American Samoa constitution.”

She also confirmed American Samoa has a shortage of prosecutors and it's definitely a recruiting issue. 

The Attorney General's office is doing all kinds of things to creatively recruit new attorneys to this Island so it can get an adequate number of prosecutors and also help the Public Defender's office with their recruiting, she told faipule.

The AAG reminded the Committee, "In the District Court, they could be opening 600 cases a year. 

"When you have that many cases then you think about one attorney.”

That ratio is terrible, she says, so that's one of the issues, the AG is working very closely with the Court to figure out a way to keep the court system moving.

From the District court side, there's one District Court Prosecutor, she's working hard with one Public Defender and now the Court has started appointing other attorneys to step into that role. 

But they have other obligations as well as bringing those cases up timely and appropriately.

They have to make sure to follow the law while pleading cases out to avoid jail time when possible and when it's safe for the people of American Samoa for the court to do so.

"The District Court cases are handled pretty quickly. The average turnaround trials for those cases has gone from months to years to now 60 days.

"When the Public Defender was in better health they were getting through much quicker. 

"On the felony side of the house where most of those statutory cases would end up with some sort of attention again, each of those would work on case by case basis for the safety of the people of American Samoa, keeping in mind the Public Defender is responsible for both High Court felony cases and District Court misdemeanor cases.

They can make recommendations quickly when a case comes in, swear them in, enter them in the system, but the Public Defender has to meet each of these defendants, and work with them to ensure they are offering the best defense.

The AG's office depends on how fast the Public Defender responds.

Moving people through the system is limited by the human resources in the department and the AAG said she is working with the governor's office on recruiting videos to show the beauty of American Samoa and why it would be a great place to work as an attorney.

The AAG also revealed they are advertising on the National Public Defenders Association Website, as that's how she and her daughter found their jobs in American Samoa.

"We get to a point where we offer salaries, unfortunately the pay in American Samoa isn't competitive with the United States,” she said.

In the meantime there are 217 pending trial, 203 males with 14 females in custody at TCF.

Non citizens behind bars are about 100 plus.

There is a total of 326 individuals incarcerated at TCF.

TCF has a total of 75 prison guards.

In conclusion, AAG  Blankenbeker thanked faipule saying she appreciated the open conversation over the TCF issues.

Of note, in July of this year Warden Papali’i told the House Public Safety Committee during one of its TCF hearings that there were 326 individuals currently incarcerated at TCF, of whom around 220 had pending trials. And, that there were sometimes only 3 or 4 guards on duty looking after the more than 300 inmates.