Pago Pago, AMERICAN SAMOA — Territorial Correctional Facility inmate James Glenn Barlow has been granted parole while awaiting a pardon by the governor, and has since left the territory on a medical charter flight to Honolulu, according to a Joint Status Report filing last Friday with the federal court in Washington D.C.  

The status report confirms information received by Samoa News last week that Barlow was granted parole about two weeks ago by the ASG Parole Board, and was among the more than 200-passengers on the medical charter flight out of Pago Pago on Oct. 26th.

As previously reported by Samoa News, the now 73-year old Barlow was sentenced in 2014 by the High Court of American Samoa to serve a 24-year jail term at TCF for a conviction in a case involving three male juveniles. Last year he filed a habeas corpus petition — first with the federal court in Honolulu and later transferred to the federal court in Washington D.C — challenging his detention in American Samoa.

He argued that various components of his trial in the High Court violated his rights under the Fifth and Sixth Amendments of the U.S. Constitution. The case was moved to the D.C. federal court as it was the proper venue because the U.S Secretary of Interior has plenary authority over the judicial system of American Samoa.

Barlow, the Petitioner whose legal team is led by Bentley C. Adams III, and the Interior Secretary, the Respondent, represented by federal attorneys, have been required by the federal court to file a Joint Status Report, with the latest one filed last Friday, providing significant progress in the case.

PAROLE GRANTED

In the status report, Petitioner’s legal team said Barlow was granted parole on Oct. 20th by the American Samoa Parole Board, whose decision — signed by board chairman Father Vaiula Iulio, and two other board members — was  also provided to the court.

Barlow, whose application for parole was submitted on July 1st, has served one-third of this prison term on or around Mar. 8th, and was therefore eligible for parole, according the board’s decision, which also provides terms and conditions that Petitioner must abide with.

Among the conditions is the Petitioner can “ONLY be released on the day of the medical [charter] flight” and transported directly from TCF to the airport. He must remain outside of the territory for the duration of his parole, but if he returns to American Samoa during that time period, he shall serve the remaining balance of on the 24-year confinement period.

Another condition of parole is that he must register with the sex offender registry both in American Samoa, and in California or in any other state where the Petitioner chooses to live, immediately upon arrival.

A Samoa News search on Saturday of the American Samoa Sex Offender Registry, overseen by the Attorney General’s Office, shows that Barlow is already registered in American Samoa — as this was ordered by the High Court when he was sentenced.

A separate search — also on Saturday — of the California Sex Offender Registry, under the California Megan’s Law website, does not show Barlow’s name been registered yet.

In the status report to the federal court, the Petitioner’s legal team said Barlow was released from custody on Oct. 26th and transported by prison officials to the airport where he departed the territory on a chartered medical evacuation flight.

“He is now located in California where he can receive the medical care he so desperately needs,” they point out, noting that there “can be no doubt” the Respondent and his legal counsel, “were instrumental in bringing about this result. For that the petitioner, his counsel, family, friends, and supporters are profoundly grateful.”

DISMISSAL OF LAWSUIT

The Petitioner in May this year applied to the Governor of American Samoa for a pardon and commutation of his sentence.

“Although no pardon has been granted by the Governor at this time, in a show of good faith and in sincere appreciation for his release from custody petitioner has instructed his attorney in American Samoa to file a dismissal with prejudice of his civil rights lawsuit currently pending against the American Samoa Government in the High Court of American Samoa,” the Petitioner’s legal team tells the federal court.

The joint “stipulation for dismissal with prejudice” motion is signed by Barlow’s local attorney, Thomas B Jones, of the Jones & Associates LLC law firm, and Assistant Attorney General, Anthony R. Valdivia — representing ASG.

Both sides asked the High Court for an order dismissing with prejudice all claims against ASG, as agreed by the parties, who will bear their own fees and costs associated with this matter.

CONCLUSION

The petitioner points out that this case may be headed for a “stipulated dismissal in the very near future” and the petitioner certainly hopes so.

“The ball is in the Governor’s court. Hopefully, the Secretary [of Interior] will continue to officiate,” according to Barlow’s defense team, which requested the federal court for a new 45-day extension time — until Dec. 15th — to continue discussions with officials in American Samoa and to allow the Governor sufficient time to carefully consider petitioner’s request for a pardon given recent developments.

The Respondent does not object to Petitioner’s requested extension to confer and propose a schedule for further proceedings in this case, according to the status report.