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Court allows Samoan translation in Fed drug case

A federal judge is allowing an English translation of Samoan telephone conversations used during alleged drug dealings in the trial of defendants—including Samoans— currently underway in Honolulu federal court.

 

Two weeks ago co-defendant Aloalii Tootoo filed a motion with the court seeking to exclude the government’s evidence of English language translations of recordings in the Samoan language, arguing that the government has never disclosed its language expert’s qualifications or a written summary of his/her testimony.

 

Prosecutors disagreed and sought a hearing in the matter. According to the government’s motion, U.S. Department of Homeland Security Investigation Special Agent Siave Iafeta, and two other law enforcement agents—who are both Samoans— completed transcripts of the English translation and Iafeta will be called as an expert witness during trial.

 

U.S. District Court Judge Leslie E. Kobayashi, the presiding judge, ruled that Iafeta has the qualifications necessary to prepare accurate translations of the portions of the recorded conversation, which are in Samoan.

 

In her six-page ruling, Kobayashi said government shall be limited to using those translated portions of transcripts that were produced on or before Oct. 30, 2013 to the defendants.

 

Additionally, any newly translated transcripts will not be permitted to be used at trial until the defendants have had a fair and reasonable opportunity to have a defense expert in the Samoan language review the translated portions of transcripts that the government timely produced; and submit any disputed portions of those transcripts to the court for a hearing.

 

Besides Toilolo other co-defendants in the case include Kaisa Tai, who was arrested in the territory in 2011 and taken to Honolulu along with younger brother Louis to stand trial.

 

Louis and older brother John Tai - who was arrested in California two years ago - have already entered separate plea agreements with the government and will be sentenced next year.