Pago Pago, AMERICAN SAMOA — A 40-year-old man convicted in High Court of attempted felonious restraint is ordered to serve 20 months behind bars, as part of a 5-year probation sentence.

Atanoa Finauga was initially charged with attempted rape, first-degree sexual abuse, and attempted felonious restraint — all felonies. But under a plea agreement with the government, the defendant pled guilty to attempted felonious restraint. The remaining charges were dismissed.

According to the government, the victim is a 16-year-old girl whose family rents in the same apartment the defendant and his family live in. The victim and the defendant’s family share the same bathroom and kitchen.

 Sometime in the beginning of 2021 when the victim went to the bathroom, the defendant followed her and tried to touch her in a sexual manner. He also attempted to restrain her, in order to have his way.

During sentencing last month, Finauga apologized for his actions and begged for a second chance to return home to care for his family.

The defense attorney asked the court to sentence Finauga to probation, and use the 12 months he has already served in pretrial confinement as the jail term for this case. Prosecutor said Finauga is a suitable candidate for probation; but she reminded the court of the seriousness of his actions.

The court told Finauga that the court never takes lightly any cases that involve minors, especially when they are sexually assaulted. He noted that although this was Finauga’s first conviction in High Court, he has a criminal record in District Court (misdemeanor convictions).

The defendant was sentenced to five years in jail; however, execution of sentence was suspended and he was placed on five years probation on the condition that he serves 20 months at the TCF. He is credited for the 12 months of pretrial confinement.

 He was also ordered to register as a sex offender and submit himself to HIV testing, as required by law. He is not to make any contact with the victim and her family, nor is he to confront her at any time or place.

JOSEPH TAUMALOTO

Joseph Taumaloto was released from the Territorial Correctional Facility (TCF) last month, after the court decided not to revoke his probation.

Taumaloto, who was held in custody without bail for 153 days since his arrest in January of this year appeared in High Court last month for a Disposition Hearing, for failure to comply with conditions of his 2017 probation.

The defendant apologized to the court and begged for another chance to return home to care for his family.

Attorneys for both sides asked the court for a second chance for Taliloto.

The court did not revoke the defendant’s probation but instead, added two more conditions to his probation: Taumaloto must find a job in 90 days, and Probation — based on the pre-sentence report  must see to it that the defendant undergoes a mental evaluation.

Taumaloto was convicted of stealing, under a plea agreement with the government. He was sentenced to 7 years of probation. Taumaloto, along with two co-defendants, unlawfully entered a home in Ottoville, where Taumaloto stole a computer.

Taumaloto was ordered to serve 28 months at TCF, pay a fine of $1,000 and make restitution of $1,100.

ELAMA FAASOLO

The court granted a motion by the defense attorney to quash the bench warrant issued for Elama Faasolo, for failure to appear last month for an Order to Show Cause (OSC) hearing, which was scheduled after Faalogo failed to comply with conditions of probation.

According to Probation, Faasolo failed to pay his $2,000 fine and restitution of $1,210. He also failed to visit Probation every month, as required by the court.

Faasolo did not appear in court when his case was called last month. His attorney said he tried his best to contact Faasolo, who didn't answer his phone calls. The court then issued a bench warrant.

Faasolo was arrested and taken into custody. He appeared in court last month and explained that he had lost his phone and forgot about his court hearing.

Faasolo was released from custody after the court quashed the warrant. He is to appear in court for an OSC hearing next month.

FALETOLU WILLIE

One of the two defendants arrested for burglarizing two homes and a store in Vaitogi last year entered into a plea agreement with the government last month.

Faletolu Willie, who has been in custody since his arrest last March, unable to post a $10,000 surety bond, appeared in court last month for a Change of Plea hearing.

Willie, 31, was initially charged with 3 counts of stealing and 3 counts of first-degree burglary and two misdemeanor charges of trespass and 3rd- degree property damage.

Under a plea agreement, Willie pled guilty to two counts of stealing. The remaining charges were dismissed.

With his guilty plea, Willie admits that on the night of Aug. 26, 2021 he unlawfully entered a home in Vaitogi and stole several items, valued at more than $100. He also admits that on the same night, he broke into a store in Vaitogi and stole several items and including $318 cash.

The items Willie stole included clothes, shoes, and a cell phone, which he sold to a friend. He used the money to buy beer and food.

The government is recommending probation, with the condition that Willie pay $410 in restitution. Willie will be sentenced next month.

JAMES MAVAEGA

The Court issued an Order to Show Cause (OSC) last month for a defendant who is accused of disobeying conditions of his probation.

The OSC hearing for James Mavaega was scheduled for last month, after the Probation Office filed a revocation motion in court, when Mavaega failed to comply with several conditions of his release.

Mavaega was sentenced about 4 months ago. He went in to the Probation office last month and provided a urine sample, which tested positive for THC, the active compound in marijuana, and methamphetamine (meth).

The court asked the defendant’s attorney whether he had a chance to communicate with his client, and he said no.

The court then issued a bench warrant; and attorneys from both sides did not object.

During his sentencing 4 months ago, following a conviction for unlawful possession of marijuana, Mavaega was ordered to remain alcohol and drug free.

As a condition of his 5-year probation, Mavaega was ordered to serve 20 months at the TCF; however, after the court accepted the attorney’s submission and the defendant’s apology, the court ordered the defendant to only serve 7 1/2 months in prison, which he already served during pretrial confinement, with the remaining 13 1/2 months stayed.

During his sentencing 4 months ago, the court told Mavaega that the only reason the court accepted his apology was because he mentioned something about going back home to care for his sick father

“We can allow you another chance to go home but we’re not sure whether you will be going back to your same old lifestyle if we grant you a second chance. And if you go back to your old lifestyle and the police find you again with some drugs, the government will spend its resources to take care of you,” the court told the defendant.

Mavaega was arrested after police found him with marijuana and meth on him in front of a store in Nuuuli. According to the police investigation, the defendant has a drug addiction problem.

APINERU TALIFILEMU

A 34-year-old man from Samoa who is accused of assaulting a man using a steel handle of a broom has been arrested and charged with felonious second-degree assault and four misdemeanor charges: property damage, unlawful use of a weapon and two counts of 3rd- degree assault.

He’s also charged with one count of unlawful possession of marijuana, a felony.

Apineru Talifilemu made his initial appearance in court last month where he waived his right to a preliminary examination. He appeared in High Court for arraignment where he entered a not guilty plea to all the charges against him. His first pretrial conference is set for September of this year.

According to the government, Talifilemu and the victim got into a disagreement during a soccer game, which resulted with Talifilemu using the steel handle of a broom to strike the victim, causing injuries to the victim’s head.

Two men jumped in to stop Talifilemu, however, he turned around and punched both men on their facial area.

Police officers took the matter under control when they arrived at the scene and Talifilemu was apprehended. During a body search, officers discovered a small stamp-sized baggie containing green leafy substance inside his pants front pocket.

When questioned about the alleged assault, Talifilemu blamed the victim as the person who started the fight. When asked about the green leafy substance found in his possession, he told officers that he found the plastic baggie at the side of the field, he then picked it up and put it inside his pocket.

Bail is $10,000; and because he is unable to post bond, Talifilemu remains in custody at the TCF.

AMATAGA POULIMA

A 30-year-old man who was accused of burglarizing a warehouse and a store in the Tafuna area and stealing property told the court that the allegations against him are true. Amataga Poulima appeared in court last month for a Change of Plea hearing.

He was originally charged with 1st- degree burglary and stealing, both class C felonies, however, under a plea agreement withe government, which was accepted by the court, Poulima pled guilty to the amended charged of 2nd- degree burglary.

With his guilty plea, Poulima admits that on Nov. 23, 2021, he knowingly and unlawfully entered a warehouse building in Tafuna for the purpose of committing a crime. While he was inside the building, Poulima admits that he stole several items.

The items he took included a laptop, two cell phones and a tool box, which contained different types of tools worth $720.

Moreover, Poulima also admits that on the same night, he entered the warehouse again and stole other items including a powerwash machine, vehicle parts with the value of $428, and several electronic items with the value of over $100.

According to terms of the plea agreement, Poulima and a taxi driver went over to the warehouse around 4 a.m with the purpose of stealing items from the warehouse. The taxi driver, who is the co-defendant in this case used to work for the company as a security guard, however, his service was terminated two months ago on the allegation that he stole a box containing vehicle parts.

The government stated that Poulima went inside the warehouse while the taxi driver was waiting inside his taxi as a lookout, pretending that he was waiting for a passenger pick up.

Police were unable to find any information relating to the incident, however, after 5 months of investigation, a key witness came to police and shared information that led to the arrest of Poulima and his co-defendant, Faafiti Logoitino

According to the witness, it was during a drinking session with Poulima that Poulima told him about the break-in, saying that if he (the witness) needed any vehicle parts or any tools for his construction work, let him know immediately.

Police searched Poulima’s home and discovered several items that were stolen from the warehouse.

As a condition of the signed agreement between the parties, the government is recommending probation of 5 years, with a condition that Poulima should pay restitution in the amount of $1,421.45.

Sentencing for Poulima is scheduled for next month and Poulima was remanded back to the custody of TCF.

The co-defendant’s case is still pending in court.