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American Samoa's Chief Justice sends strong message to arresting officers

Chief Justice Michael Kruse
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — Chief Justice Michael Kruse delivered a strong message to arresting officers and government’s attorneys last week regarding the issue of people being detained in custody for a long period of time awaiting trial, due to the defense attorneys waiting for the discovery to be turned over by the government.

“Police cannot just arrest people and leave them in custody for a long period of time, and then walk around without turning over their report to your office,” Kruse told Assistant Attorney General Doug Lowe.

Kruse said that if this problem comes before the court again, the court will issue a subpoena to the arresting officers to appear in court to explain why it takes so long for them to turn over their report to the Attorney General’s office.

“Government, bear in mind that next time, it will be a sanction ,” Kruse said.

These comments were made by the court when three alleged drug defendants appeared in court last week for their pretrial conferences, however, when each case was called, their defense attorney, Assistant Public Defender Rob McNeill asked for another continuance saying he had not yet received any discovery from the government for his client.

Prosecutor Lowe confirmed McNeill’s statement to the court.

When Kruse asked Lowe why it’s taking so long, Lowe replied, “I’m still waiting for the police report.”

Kruse told Lowe, “I’m giving you two weeks to hand over discovery to the defense, if its not ready at that time, I will order the officers to be in court.”

He said, “These people are sitting in jail for a small amount of possession.”

Michael Iopu, Oliva Apelu and Fereti Lasi appeared  in court last week for their pretrial conferences. Their hearings are now continued until Apr. 17th.

Iopu is charged with one count of unlawful possession of methamphetamine, while Apelu and Lasi are each charged with one count of unlawful possession of marijuana.

All defendants are now remanded back to the custody of the TCF, unable to post their bonds of $5,000 each.