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Court Report

Translated by Samoa News staff

SAMUEL WRIGHT

An inmate, serving more than a decade at the Territorial Correctional Facility for an assault conviction, has been found not guilty of one count of misdemeanor third degree assault of another inmate, following a bench trial last Thursday, presided over by District Court Judge, Fiti A. Sunia, who noted with concern that problems inside the prison have reached the court.

Samuel Wright, along with then inmate Manu Lefatia, were each charged with misdemeanor third degree assault of inmate Larry Samatua on the grounds of the TCF last December. Lefatia’s trial is set for later this month.

Because of the alleged assault, on Dec. 4, 2016, court documents say Samatua needed two stitches on the right side of his face, where Lefatia allegedly had punched him. Wright allegedly assaulted Samatua inside the TCF compound, outside of their jail cells.

During last week’s bench trial, the government called two witnesses, TCF officer Iakopo ‘Jake’ Ioapo and Samatua.

Ioapo testified that while checking on the TCF grounds, he saw Samatua walking in front of the main office of TCF heading to the back section of the compound, and at this time, Wright was at the cafeteria with other inmates. He said Wright asked him for permission to talk to Samatua about an incident, which occurred the day before, and he allowed it. However, he said Samatua didn’t want to talk to Wright, who kept insisting to talk to Samatua.

Ioapo says that all of a sudden many inmates ran towards them, trying to stop a fight between Samatua and Wright. The TCF officer said he heard a loud noise, which is similar to someone hitting another person. And he turned around to find Samatua with a bloody eye but he doesn't know who punched Samatua.

Samatua testified that he was walking with Wright and all of a sudden several inmates came rushing to stop him and that’s when his food plate — that he was holding — fell down. Just as he was bending down to pick up his food plate, someone punched him, according to Samatua, who also said that when he was able to stand up, he saw inmates holding back Wright.

When questioned by the government, Samatua said he didn’t know who punched him, but he suspects it was Wright.  However, in his written statement to police last December, Samatua alleges that it was Wright who punched him in the face.

When asked about the written police statement, Samatua said he made it at the time, because he was angry with Wright but again says that he doesn’t know who actually assaulted him.

With Samatua’s testimony, the defense quickly moved to dismiss the charge, which Sunia did, saying that neither the TCF officer nor Samatua knew who assaulted Samatua.

EDWARD EARY JR

The High Court accepted last Friday a request by the government to detain Edward Eary Jr., after the defendant’s father decided not to put up money for his son’s bail.

Eary was taken into custody last month and charged with burglary for allegedly breaking into a home on the Western side of the island. At the time, the defendant’s bail was set at  $5,000, which was posted by his father.

However, the government informed the court that the father no longer wants to post the money for bail, because the father is concerned that the defendant is not complying with all conditions of release set by the court.

The court immediately granted the request and the defendant who was in court for his hearing was taken into custody.

LEUPENA ITELE

Pre trial conference for Leupena Itele was continued to later this week after the defense informed the court during a hearing last Friday that it has received discovery in the case from the government, including a plea agreement offer.

The defense sought a continuation of the hearing to allow them to review discovery as well as discuss with the defendant the government’s plea offer.

Itele, who remains in custody unable to post $10,000 bail, is charged with one count each of burglary first degree and stealing, which are both felonies. The charges stem from an incident last December, where he allegedly broke into a home and stole among other things, $5,000 in cash.

(Original Samoan stories in last Friday’s Lali section and online Saturday)