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District Court moves cases along while High Court sets trial dates and sentencing

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reporters@samoanews.com

Pago Pago, AMERICAN SAMOA — A bench trial is set for Thursday, Jan. 31 at 1 p.m in the District Court for a former police officer charged with misdemeanor third degree assault.

Emanuele Lito appeared in court last Wednesday for a pretrial conference.

The charge against him stems for an incident involving the sexual harassment of a female officer inside a police unit and at the DPS Fagaitua substation last year.

TOFA TITANIA

A man who was facing charges in three separate cases has been sentenced to 24 months probation.

Tofa Titania appeared in District Court last Thursday on an Order to Show Cause for violating conditions of his probation.

Earlier this month, on Jan. 18 — under a plea agreement with the government — Tofa pled guilty to private peace disturbance and resisting arrest. The remaining charges were dismissed.

But Tofa was already on probation for a 2017 case whereby he was convicted of third degree assault.

During court proceedings last week, Tofa told the court that he has learned a valuable lesson. He said the law has played a huge part in changing his life, as his wife passed away a few years ago and all his kids are off island.

Defense attorney Assistant Public Defender Anna Wells told the court that her client has been sober for 8 months, and "he has realized that alcohol is an obstructive force in his life."

She said Tofa is a good candidate for probation.

District Court Judge Fiti Sunia sentenced Tofa to 45 days, 15 days, and 120 days imprisonment, for the three cases, respectively. However, the days Tofa has spent in prison are enough to cover the ordered jail terms. Fines imposed by the court will be deducted from the bond Tofa posted and the remainder will be refunded back to him.

Conditions of probation include the successful completion of alcohol counseling. Tofa is to remain law abiding and sober, and he is subjected to random testing.

A probation review is scheduled for May 31.

"Don't forget what you said," Sunia said to Tofa. "It'll all mean nothing to the court if you come back here."

FIDELIS TAUMALUA

Sentencing for a man who pled guilty to violating the territory's controlled substance act is set for Feb. 22

Fidelis Taumalua, 27, appeared in High Court last Friday where he admitted that on Sept. 23, 2018, he was in possession of a glass pipe containing a small quantity of methamphetamine.

Taumalua was initially charged with unlawful possession of a controlled substance (methamphetamine). But a plea agreement with the government — that was accepted by the court — allowed Taumalua to plead guilty to a lesser amended charge, a class D felony punishable by up to 5 years imprisonment, a fine of up to $5,000 or both.

Chief Justice Michael Kruse made it clear that when it comes to 'possession', the court is not interested in 'ownership'; but rather, 'custody' and 'control'.

TAVITA MARIOTA

A man who admitted he gave a marijuana cigarette to a 16-year-old will be sentenced next month.

Tavita Mariota, 32, appeared in High Court last Friday where he pled guilty to aiding or abetting another person to possess a controlled substance, a class D felony that carries a possible jail term of up to 5 years, a fine of up to $5,000, or both.

Mariota was initially charged with one count of unlawful possession of a controlled substance (marijuana) with the intent to distribute. But under a plea agreement with the government, which was accepted by the court, Mariota pled guilty to a lesser, amended charge.

In court last week, Mariota admitted that on May 8, 2018, he gave a marijuana cigarette to a minor. Mariota remains in custody at the Territorial Correctional Facility (TCF). A decision on a disposition hearing (probation revocation) for a 2013 case will be announced during sentencing on Feb. 22

LILI APOLO

A motion to reduce bail (from $5,000 to $2,000) for drug defendant Lili Apolo was denied by District Court Judge Fiti Sunia last Friday.

Apolo was arrested and charged after a routine traffic stop led to the discovery of paraphernalia in the vehicle and "ice" in her pocket.

She waived her right to a preliminary examination and her case has been bound over to High Court, where she is expected to enter a 'not guilty' plea today during arraignment.

Defense attorney, Assistant Public Defender Anna Wells told the court that her client is a single mother of 5, and argued that $2000 is the standard bail set for first time offenders. She said even if the allegations in the criminal complaint are true, what Apolo had in her possession was not at the level of distribution.

Sunia disagreed, saying the"circumstances" in this case are different from first time offenders, based on the allegations.