Pago Pago, AMERICAN SAMOA — The High Court has taken under advisement a motion by Siaumau Siaumau Jr, who is serving a life sentence for the fatal shooting of police Det. Lt. Lusila Brown outside of the temporary High Court building in Malaloa in July 2010. Siaumau Jr is asking the court for reconsideration; despite the fact the motion was filed in late 2016.

Siaumau Jr, who made his second court appearance since he was sentenced by then-Associate Justice Lyle L. Richmond in April of 2016 appeared before Chief Justice Michael Kruse last week for a Status Hearing.

He was represented by Assistant Public Defender Rob McNeill while Assistant Attorney General Laura Garvey is prosecuting the case.

When the case was called, McNeill officially informed the court that the Public Defender has now been appointed to represent the defendant throughout his new court proceedings, since the previous attorney who represented the defendant throughout his trial proceedings, Mark Ude, is no longer residing in American Samoa.

When given the chance to address the court, McNeill said that he understands that there were some pending motions filed by attorney Ude, and he left the island before these motions were heard in court, and one of these motions according to McNeill, is the motion for the court for reconsideration.

He further stated that according to the files he received, the motion for a new trial was filed 105 days after the court issued its decision. The statue states that a motion to reconsider must be filed within 10 days from the day the court issues it sentence.

McNeill cited a criminal case where there was a similar situation, the case between the American Samoa Government (ASG) vs Hanipale Malae, where the motion for the court to reconsider its decision was filed 12 days after the sentenced was delivered.

According to McNeill, there are some issues that the defense needs to address pertaining to his client’s sentence and one of these is the issue of the traditional ifoga performed by his client’s family that was not included in the plea agreement.

According to the defense attorney, if the court had considered the traditional ifoga performed by his client’s family, the court at that time would have issued a different sentence.

McNeill argued that despite the fact this is an old motion by the previous defense’s attorney, he believes that this court has jurisdiction to hear the motion.

Prosecutor Garvey strongly opposed the defense motion for reconsideration. She told the court that based on the file presented to her by the previous prosecutor, it’s clear from the beginning that the defendant waived his rights during a plea agreement to include the traditional ifoga in the plea agreement.

Garvey further argued that based on the time the motion was filed, the government believes that the court does not have jurisdiction to hear the defense’s motion.

She said that she would go with the argument by the prosecutor at the time, [Mitzie] Jessop-Taase.

BACKGROUND

Siaumau Jr’s first court appearance after he was sentenced almost five years ago was in May of this year, where he represented himself.

When Siaumau Jr’s case was called, the defendant told the court that he had no idea why he was brought into court that morning. Kruse told him that it was the court who put his case back on calendar because his former defense attorney, Mark Ude was no longer in the territory.

When asked by the court what he wanted to do, whether he wanted to represent himself or whether he wanted the court to appoint someone from the Public Defender’s office to take over his matter, Siaumau Jr asked the court to give him some time to consult with his family and to see what they wanted to do before he comes back to the court.

Kruse accepted Siaumau Jr’s request and gave him 90 days to consult with his family.

Siaumau Jr’s next hearing was set for July 2, 2020.

Samoa News understands that there were outstanding motions Ude had filed in court before he left. None of those motions had come before the court since Siaumau Jr was sentenced in April 2016. One of these motions asks the court to reconsider its decision against Siaumau Jr.

Siaumau Jr was originally charged with first-degree murder, and 13 other felonies including two counts of attempted murder of two other police officers.

In April of 2016, the court sent Siaumau Jr to jail for life for the murder of Brown on July 2010. He was also handed two 10-year sentences for the attempted murder of two other police officers. The sentences are to be served concurrently.

Siaumau also apologized to many people whom he felt he aggrieved, and begged for forgiveness. As to his crime, he said only God knows what really happened. The defendant quoted from Romans 13 about submission to governance as all authorities are of God. Then he told the judges he would accept whatever judgment and sentence  they would render.

However, he tearfully begged the judges for a chance to take care of his father who has been diagnosed with cancer.

Prosecutor Deputy Attorney General Jessop Taase also shed tears upon hearing the emotional character testimonials for the defendant.

She acknowledged her respect for all the chiefs and church ministers who testified for Siaumau and begged the court to forgive him. Jessop Taase, who is now the Attorney General (ASG) said the beauty of the Samoan culture is that “we look out for each other” despite our circumstances.

However, she said it was her duty and responsibility to bring justice and to prosecute all matters according to the law.

The prosecutor said mercy cannot bring justice and no apology — however sincere they may be — can not undo the emotional and physical damages the defendant has inflicted upon everyone who has been affected by the crime he committed.