Dear Editor,

Mike Kim was 70 years old when he colluded with Motau Samani to search for young victims to feed his sexual appetite. How long this has been going on and how many other young girls have fallen into this trap is not known. He was and still is a healthy businessman with enough clout to continue with his activities. As a 70 year old, he influenced and colluded with Motau, to traffic children to him. He also influenced  a police officer sworn to protect the public, to interfere with the investigation.

Contrary to Asst. Public Defender Shiver, who stated that four years pending prosecution was sufficient punishment, prosecution had already presented irrefutable DNA evidence on Kim’s sperm that was found on the child victim’s undergarment. Kim’s well paid attorney further hindered the case by sending Kim off- island for medical proof that he is impotent and incapable of rape. Further complicating this case, Kim’s attorney Fiti Sunia was selected for District Court Judge Pro Tempore in April, 2014 — is there a conflict of interest?

Kim’s prolonged case was enjoyed in the full comfort of his home, surrounded by his family. He was not under house arrest, nor was he restricted from traveling off island.

Depending on cash flow and the offenders affluence, four to five years waiting period is a given. It keeps the offender free at home while they grow old with grace. Then they qualify by age and medical condition to keep them from serving time?

 This an open door for senior perverts and pedophiles to be reassured, despite their heinous sexual behavior upon the bodies of infants and children, that they will receive leniency.

According to the Samoa News archives, in the past five years there have been approx. five old men between the ages of 75 and 90 years old who were charged or convicted of sexual crimes on children, with some cases still pending. Without question on age, the health of non-compliant males in American Samoa, start declining in their 30’s. Where do we draw the line on health consideration?  Every sex offender that has been charged and convicted has a chronic medical condition subject to developing into stages of further complication.

In my opinion, this question on consideration and suitability actually forces our government to take responsibility for conditions at the TCF.  It is imperative that the new correctional facility to be constructed soon, must include an infirmary to handle these issues. Dr. Sai Fuimaono is the current visiting physician on site.

 While serving  time, dying behind bars is its own reality and is not new, nor is it a secret. Remains of the prisoners were either sent back by boat to Apia/ Savai’i and some to their family plots on island. Criminals should not be allowed out until they have served their time.

It is not an option to turn elderly, debased perverts back into the community — and the families they violated — because the jail is over-crowded.

The government’s concern for the elderly criminals and suitable accommodations is irrelevant. Rather than preventing criminals from entering the facility, they have the power to squeeze stagnated agencies to do their jobs. When the government fails to improve or provide  their own TCF, they deserve to take the hit and be sued. Their failure is forcing the community to accept the load and absorb the stress, insecurity and frustration of their poor excuses. The sexually abused and violated victims will never see justice.

As CJ Kruse remarked when Mr. Barlow’s attorney requested age and medical consideration to keep Barlow (a sex offender) from serving time — “Barlow can take it up with Parole”.

There’s your balance.

Ipu Avegalio Lefiti

Victim Advocate