Pago Pago, AMERICAN SAMOA — Attorneys for Territorial Correctional Facility inmate James Barlow “have proposed potential settlement options” and attorneys for the federal government “will be discussing those options with the prosecutor’s office in American Samoa.”

This is according to a Joint Status Report filed yesterday with the federal court in Washington D.C. by Barlow’s legal team and the federal counsel representing US Secretary of Interior David L. Bernhardt.

As previously reported by Samoa News, Barlow is currently serving a 24-year prison term in American Samoa for a conviction in a case involving three male juveniles.

Barlow, the petitioner, last year filed a habeas corpus petition with the federal court in Honolulu challenging his detention in American Samoa from a conviction in the High Court of American Samoa.

In his petition, Barlow sought federal habeas relief under federal law, arguing that various components of his trial violated his rights under the Fifth and Sixth Amendments of the U.S. Constitution. (See Samoa News Dec. 2, 2019 edition for details.)

However, the Honolulu federal court ruled last December that because the  U.S Secretary of Interior has plenary authority over the judicial system of American Samoa, the “proper venue” is the federal D.C. court, where the case was then transferred.

Barlow in January this year, added Bernhardt as the lead respondent at the D.C. federal case while the other original respondent — when the case was filed in Honolulu — remains part of the case is TCF warden Tauese Va’aomala Sunia, according to court records, which also shows that then-Attorney General Talauega Eleasalo Ale is added to Tauese’s legal team.

During a status hearing early this month, the D.C. federal court ordered all parties to file a joint status report, which was done yesterday. The status report states that counsel for the parties conferred on Mar. 12th, discussed the case and the petitioner agreed on a proposed schedule to govern immediate proceedings.

It also says that Bernhardt’s legal team “is currently conferring and communicating internally “ with the Office of the Attorney General for American Samoa, the Office of the Governor of American Samoa, and such other territorial officials as may be able to assist in proceeding with or possibly resolving this litigation.

“This communication process is expected to take a substantial amount of time,” the report said, adding that this  “case involves novel questions of law”.

It notes the order by the Honolulu federal judge that this case involves “a petitioner incarcerated in American Samoa, an unincorporated territory without Article III courts whose judicial system is de jure overseen by the Secretary of the Department of the Interior.”

And that the “question appears to be one of first impression across all federal courts despite American Samoa’s status as a United States territory for over a century.”

The status report cited issues that the case faces at this point. For example, “American Samoa is half a world away and several time zones from Washington D.C.” It also notes that Talauega has resigned as American Samoa’s Attorney General while Mitzie Jessop-Ta’ase has been appointed to the post.

“However, she may be a witness in these proceedings and it is not clear at this time whether she, or another attorney with her office, will be in a position to address this litigation,” it said, noting that at the time of the filing of the case, legal counsel for the governor, was Steven H. Watson, who have since passed away and his “replacement has not been ascertained at this time.”

“It is also reasonably anticipated a delay in the communication process with persons in American Samoa may be occasioned by the Coronavirus emergency which is currently affecting governmental activities worldwide,” it says.

The status reports notes that counsel for Petitioner has proposed potential settlement options, and attorney for respondent will be discussing those options with the prosecutor’s office in the territory.

Therefore, the parties recommend for the court to order the parties to file before May 18th a joint status report updating the court on the status of any settlement discussions and a proposed briefing schedule to govern any future proceedings. The court is expected to issue a decision soon on the recommendation.