Pago Pago, AMERICAN SAMOA — "This is the second time this has happened to me this week," Judge Fiti Sunia said yesterday when Poasi Puloka was a 'no-show' in court.

"Where is he?" Sunia asked. The Immigration officer who was in court could not provide an answer. "He was released to your office," Sunia said. "Find him by tomorrow."

Poasi's pretrial conference is continued to this morning.

Another pretrial conference that was continued to today is for John Laulu, who is out on $500 bond and is facing charges in two separate cases.

Defense attorney Assistant Public Defender Anna Wells told the court that her office failed to make contact with Laulu, and that's why he isn't in court.

Sunia said, "If I went looking for him, I'd find him in two hours."

He said the only reason why the court is agreeing to continue the PTC is the "likelihood that there was a communication break on your end, not his."

PENHEART FAUMUINA

A man who admitted that he was involved in a fight on the road in Mapusaga last year pled guilty to public peace disturbance yesterday in District Court. In return, the charges of criminal contempt and resisting arrest were dismissed, under a plea agreement that was accepted by the court.

Penheart Faumuina has been placed on 24 months probation and fined $300 - which will be deducted from his bond. When given a chance to speak, Faumuina apologized for his actions.

Defense attorney Assistant Public Defender Anna Wells told the court her client is willing to undergo counseling, and she recommended a probation term of 12 months.

In rendering sentence, Judge Fiti Sunia noted that the two cases for which Faumuina is charged occurred not long after each other, and they both involved "alcohol and anger".

"These appear to be the underlying factors of your 'repeat' appearances in court," Sunia said. "And your claim that you are the sole caretaker of your family doesn't hold much water with the court."

Faumuina was sentenced to 90 days imprisonment at the TCF. The execution of the sentence is suspended and he is placed on probation for 24 months, under the condition that he remain law abiding and sober, and undergo and complete anger management counseling and alcohol counseling.

He was also ordered to serve 30 days at the TCF, minus 13 days for time served. The remaining 17 days are deferred with good behavior - while on probation.

Faumuina was released from custody following court proceedings yesterday and his probation review is set for May 31.

GEORGE ZODIACAL

A man who pled guilty yesterday to private peace disturbance has been sentenced to 9 months probation, and he is to pay a $100 fine within 30 days.

George Zodiacal appeared in District Court yesterday morning where a plea agreement between him and the government was accepted. In exchange for his guilty plea, the remaining charges of resisting arrest and two counts of third degree assault were dismissed.

Defense attorney Assistant Public Defender Anna Wells argued for a probation term of 6 months, saying her client is employed and with his "limited" history in court, this is the appropriate sentence for him.

Prosecutor Assistant Attorney General Jason Mitchell however, asked for 12 months probation, with the recommendation that Zodiacal attend and complete alcohol counseling.

Sunia noted that Zodiacal has a prior conviction for PPD from 8 years ago.

In the end, Sunia sentenced him to 10 days at the TCF with credit for time served (2 days). The remaining 8 days are deferred, with good behavior while on probation. For the next 9 months, Zodiacal is ordered to remain law abiding, undergo alcohol counseling, and he is to refrain from consuming any alcohol or drugs. He is also subjected to random testing.

His probation review is set for May 31.

DEFENDANT WITH MULTIPLE NAMES

Pretrial conference for Fonoti Malauli has been continued to Feb. 21, at which time he will also appear for a status hearing on an Order to Show Cause to modify/ revoke probation.

When asked about his identity, Fonoti told the court that his name as it appears on his Immigration ID is Malaulilautele Fonoti. But he didn't have his ID on him during court proceedings yesterday.

Fonoti's immigration status is unclear, as the Immigration officer who was in court yesterday said their office needs more time to locate Fonoti's file.

On the court calendar, Fonoti was scheduled for two hearings — for two separate matters. For his pretrial conference, he was also identified as "Pogi" and for his Order to Show Cause, he was also identified as Lokeni, Poni.

When asked by Sunia, Fonoti said "Lokeni, Poni" has never been his name. But this is the name you provided to the court on your financial statement/ report, said the judge. "That's the name you gave us," Sunia continued. "We didn't just make that name up."

Fonoti is facing charges of public peace disturbance and two counts of third degree assault.