SEX CASE DISMISSED AFTER ALLEGED VICTIM CHANGES STORY

A step-father who was charged with sexual abuse first degree and third degree assault on allegations he sexually abused his 27-year-old step-daughter, was released from jail yesterday.  Samoa News cannot name the defendant in this case in order to protect the identity of the alleged victim.

Defendant's release followed a dismissal motion filed by the government. Assistant Attorney General Tiffany Oldfield told the court yesterday the alleged victim came into the AG’s office wanting to recant her statement, saying that “nothing happened" and therefore they (government) could not proceed with this case, as without her testimony the government could not move forward.

Assistant Public Defender Joel Shiver told the court the complaining witness had made a false allegation against her step-father out of spite. Chief Justice Michael Kruse granted the dismissal motion in this matter.

KRUSE ORDERS JURY TRIAL IN CASE OF BAKER   

A baker who allegedly failed to deliver a wedding cake she was paid to bake was scheduled to have her pre-trial conference yesterday, however both parties asked for a continuance noting there are on-going plea negotiations. The baker, Sianini Foster of Pago Pago is charged with stealing, a class C felony.

Chief Justice Michael Kruse however ordered the matter be set for jury trial, noting if there’s a plea deal that’s finalized —have it filed with the court.

According to the government’s case, on Dec. 15, 2012 a woman filed a complaint with the police, where she told police that she had paid Foster $920 to make a wedding cake, but on the wedding day the family was told there was no cake and the defendant could not be reached.

Police were able to locate the defendant, who is a cook with the Department of Education and bakes wedding cakes in her free time, using her mother’s business license.

Foster confirmed that the victim did pay her $920 for a wedding cake for the victim’s nephew; and also she was paid with the three separate payments and a $20 tip. Court fillings do not state why Foster did not deliver the wedding cake on the wedding day.

A jury trial in this case has been scheduled for October 18, 2014.

PLEA NEGOTIATIONS ONGOING IN CASE OF TIMOTHY NOA

The government’s case against Timothy Noa, who’s charged with second degree assault on allegations he assaulted his girlfriend for several hours, will most likely be settled with a plea agreement. During his pre-trial conference, both parties asked this matter be scheduled for another week, given that a plea deal has been reached, however the appropriate documents need to be filed with the court.

According to the government’s case, on December 23, 2012 police received a call from a woman that she had allegedly been assaulted from the morning until 9p.m. Court filings state the victim told police that Noa had threatened to kill her if he was arrested.

It's alleged the victim told police the suspect was making unreasonable noises and was yelling profanities on the road and in front of their neighbor’s house. The victim requested police officers take her to the hospital, because the defendant struck her several times on her facial area.

Court filings indicate the defendant was not intoxicated at the time of the incident. Kruse rescheduled this matter on December 10, 2013.