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Assault case continued — 7 months later, still no discovery

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Pago Pago, AMERICAN SAMOA — The case against a 30-year-old man from Taputimu accused of assaulting another man is continued until next month, because both parties are still waiting on a medical report regarding the injuries the victim sustained from the alleged incident.

Simon Lagofaatasi Milo appeared before Associate Justice Fiti Sunia last week for his pretrial conference.

When the case was called, defense attorney, Assistant Public Defender Rob McNeill informed the court that he still hasn’t received any discovery from the government. McNeill further stated that its been 7 months since his client has been in custody and the government is still unable to provide any discovery.

Prosecutor Doug Lowe told the court that the reason why the government hasn’t turned over any discovery to the defense is because he’s been unable to communicate with the victim all this time.

Lowe stated that after the victim returned from New Zealand where he underwent multiple head surgeries, he then travelled to Alaska for further medical checkups.

Lowe said he understood how frustrating it is for the defense’s side for the delay of discovery, however, he also pointed out to the court that the reason why it’s taking so long to obtain a single report regarding the victim’s medical status was due to the severe and multiple injuries the victim sustained from the alleged incident.

Milo’s case is now continued to May to give the government plenty time to communicate with the victim’s doctor regarding his medical reports and his health condition.

Milo is still in custody unable to post his $10,000 bond.


Milo is charged with one count of second degree assault, a class D felony, punishable by up to 5 years in jail, a fine of up to $5,000 or both.

According to the government’s case, Milo allegedly struck the victim’s head with a steel wrench during a drinking session at Milo’s cousin home in Taputimu on the night of Aug. 22, 2019.