Court Briefs
by La Poasa
Samoa News StaffGEORGE NERU
Jury selection begins today for a jury to hear evidence in the trial of businessman George Neru.
Neru is on trial for bribery of a public servant.
The government alleges that Neru, who has ties to CCG Store in Ili'ili, tried to bribe a police officer concerning one of the criminal cases linked to the store.
Neru has denies the allegations levied by the government against him. He is being represented by Sharron Rancourt.
The case is being prosecuted by Assistant Attorney General Moi Masaniai.
PETELO FILIPO
Petelo Filipo pled guilty last Friday to conspiracy to commit felony stealing in connection with cases of Coors Light beer that went missing at the dock late last year.
Filipo was initially charged with felony stealing, however, he struck a plea agreement with the government and the charge was reduced to a conspiracy to commit felony stealing charge.
By his plea of guilt, the defendant admits that between November and December of last year, he conspired with co-defendant James Salanoa to steal beer belonging to GHC Reid Company.
Under the plea agreement, Filipo is to testify truthfully as a government witness at the trial of Salanoa, which has been set for later this year.
Filipo's sentence hearing has been scheduled for Aug. 15. He could face up to five years in jail for conspiracy to commit felony stealing.
His attorney is Assistant Public Defender Ruth Risch. Prosecuting the case for the government is Assistant Attorney General Moi Masaniai.
ELIJAH LEASAU
The Court has taken under advisement a motion from Elijah Leasau's attorney Dave Vargas seeking to have his client's sentence amended.
The High Court sentenced Leasau last month to a year in jail for tampering with evidence, which is a Class A misdemeanor. The Court made clear during sentencing that Leasau is not eligible for parole.
However, Vargas contends that under the law, Leasau is eligible for parole.
Deputy Attorney General Frederick J. O'Brien said the government recommends that Leasau be re-sentenced. He said under the statute (ASAC 46.2304) it sounds like people who are sentenced for misdemeanors aren't eligible for parole, however, this is made clear in the parole statute, which provides that for sentences of over six months in jail, a person is eligible for parole.
GARY CARMODY
Portland, Ore., resident Gary Carmody was ordered by the High Court last Thursday to pay a $5,000 fine for possessing two marijuana joints when he arrived on April 20 to the territory from Honolulu.
Carmody was convicted of unlawful possession of a controlled substance. Carmody was found with two marijuana joints on him. The joints were covered with ground coffee and wrapped in Saran wrap.
Carmody pled guilty to the charge last week.
Both the government and Carmody's attorney, Ruth Risch, recommended to the High Court in a plea agreement to sentence the defendant to pay a fine, in lieu of jail term, which for possession is five years minimum.
A background check of Carmody found that he has no criminal record, Deputy Attorney General Frederick J. O'Brien said.
At his sentencing hearing on Thursday, Carmody apologized to the Court, his family and the people of American Samoa for disrespecting the laws of the territory.
Associate Justice Lyle L. Richmond said Carmody now knows that it is a serious offense in the territory to possess controlled substance, even if the amount is small or for personal use.
Visitors to the territory in the past who were convicted of possessing small amounts of marijuana have received similar sentences, of $5,000 fines.
DOMESTIC VIOLENCE
A man is facing public disturbance charge for allegedly assaulting his wife over the weekend.
In the interest of protecting the identity of the victim, Samoa News is withholding the name of the man.
The government intends to file additional charges against the man, who appeared yesterday in District Court.
According to the government's case, the man went home drunk and got into an argument with his wife. He allegedly beat her up and threatened to harm her with a machete.
The man is being held without bail at the Territorial Correctional Facility. He is being represented by the Assistant Public Defender Melissa Simonsen while prosecuting the case for the government is Assistant Attorney General Nikky Castro.
Reach the reporter at la@samoanews.com.
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