Pago Pago, AMERICAN SAMOA — Despite the lack of physical evidence including photos or a doctor’s report to prove the government’s case against a man accused of sexually abusing his biological daughter, the testimony of the 16-year-old victim was more than enough to convince the jury to convict the biological father of the three charges against him. The fourth charge of rape was dismissed.

The six-member jury took less than 30 minutes to deliberate before they found the defendant guilty of all the 3 remaining counts against him — sodomy, a class B felony, punishable by a term of imprisonment for 5 to 15 years; along with one count of 1st degree sexual abuse and one count of incest, both class D felonies, punishable by a term of imprisonment for up to five years, a fine of $5,000, but not less than $150 pursuant to 47.0402, or both such fine and imprisonment.

The case was concluded in a day, and court officers said this may be the first time a trial in High Court had lasted just a day.

DEFENSE WITNESS

After the government rested their case, the defense called their only witness to the stand, the defendant in this matter.

Assistant Public Defender Ryan Anderson represented the defendant while prosecuting the case was Assistant Attorney General Kristine Soule’.

The defendant understood and was aware that he had the right to remain silent and not to testify in court, however, after consulting with his defense attorney, he agreed to waive his rights and take the stand and testify on his own behalf.

The defendant was asked by his defense attorney whether he heard his daughter’s testimony about what happened on the night of Mar. 4th around midnight. The defendant replied, “Yes”.

“Do you remember what happened that night,” Anderson asked.

Defendant replied, “No”.

The defendant was then given the chance by his defense attorney to explain to the jury what he actually knew about what happened that night.

According to the defendant’s testimony, the only thing he remembered was that he locked the door while his daughter was sleeping in the room before he went out to pick up his wife. That was around 11:45p.m.

Upon returning home with his wife around 1p.m, he went to the room and noticed that his daughter was not there. He checked the house and never found his daughter, however, when he checked his mother’s room, that’s when he noticed that his daughter was sleeping with his mother.

The next morning, his daughter left for school and never returned home. On Saturday, cops called him up and requested that he come in to the police station to discuss a matter involving his daughter and him.

According to the defendant, he went to the police station and met up with investigators who told him about a criminal complaint filed against him by his daughter and her aunt. The defendant told the jury that he told investigators that he didn’t remember anything that happened between him and his daughter.

“Did you touch your daughter that night?” Anderson asked his client.

The defendant replied, “No.”

“How did you feel when you heard your daughter’s testimony?” Anderson asked.

“I didn’t wanna hear it,” the defendant replied.

In cross-examination, prosecutor, Soule’ asked the defendant if he agreed with his daughter that he locked the door that night. The defendant replied, yes.

“Do you also agree with your daughter’s testimony that after you locked the door, you then left the house to pick up your wife,” Soule’ asked.

The defendant replied, “Yes.”

Soule’ also asked the defense witness if it’s true that upon returning home that night after picking up his wife, he found his daughter sleeping with her grandmother inside her grandmother’s room. The defendant said yes.

The prosecutor stated that according to the victim’s testimony, she usually slept in the same room with him and his wife and that she (victim) usually slept next to the air conditioner (AC). The defendant agreed.

When asked to explain to the jury how they sleep in their rooms, the defendant explained that they usually sleep together inside one room with his wife and his daughter. He sleeps in the middle with his wife on one side and his daughter on his other side.

He said, all the times they have slept together, he has never done anything bad to his own daughter.

PROSECUTOR’S CLOSING ARGUMENT

In her closing argument, Soule’ told jurors that as the victim was sleeping inside her room where she felt secure and safe from any harm — when she was awoken by her father, who sexually abused her.

She explained that the victim woke up and saw her father on top of her trying to open her clothes while touching her inappropriately. The victim tried to escape but her father grabbed her by pulling her hair and pushing her on the bed.

Soule’ said the victim struggled and at the same time cried out for help and she finally found an object lying on the floor, which she grabbed and stabbed her father in his neck with it. That’s when her father stopped his actions and the victim was able to free herself and run to her grandmother’s room for help.

The prosecutor said that the government has the burden to prove its case against the defendant and it’s her responsibility to present all evidence to prove that the defendant is guilty. However, in this case, the jury will not get the chance to see physical evidence such as photos, or a medical report with a doctor’s evaluation of what happened.

Soule’ stated that this case is about words from the victim against the testimony of the defendant and it’s up to the jury to decide which testimony to believe and which testimony not to believe. She told jurors that they already heard the voice and the testimony from the young victim who has suffered due to her father’s action.

According to Soule’, the defendant and the victim have the same memory. They remember that the defendant locked the door before he went to pick up his wife. They both remembered and agreed that the defendant returned home and found out that his daughter was sleeping in his mother’s room.

The defendant also remembered that they — including his wife and daughter — all usually sleep together in the same room — and that her daughter usually slept next to the AC.

The only thing the victim clearly remembered which her father didn’t, was that time when her father betrayed her and sexually abused her in her room on the night of Mar. 4th, 2021 close to midnight.

In closing, Soule’ asked members of the jury to examine all the evidence presented and find the defendant guilty of all three counts against him.

DEFENSE’S CLOSING ARGUMENT

Defense attorney, Anderson reminded members of the jury about their job as jurors and the importance of keeping an open mind and not jumping to a quick decision until they get to the deliberation room to decide the case.

Anderson said that there was essential evidence the government failed to present such as photos and medical reports to prove the case against his client.

Anderson pointed out that there were parts of the victim’s testimony the jury needs to take a close look at it, such as; the victim stated that she cried out loud and make noises so that someone would help her. In the end, nobody came to help her.

The defense attorney noted that the victim’s grandmother was in the house during this time and yet nobody heard anyone screaming for help.

The defense also pointed out that according to the victim’s statement, the door was locked and she couldn’t leave, but all of a sudden the door was unlocked and that was when she was able to free herself and run for help.

In the end, Anderson asked members of the jury to examine all the evidence and find his client not guilty of all charges against him.

GUILTY VERDICT

After both parties presented their closing arguments, Patea delivered final instructions to the jury before the case was handed over to them for deliberation.

However, it was less than 30 minutes before the foreman of the jury informed a court marshal that they had reached their verdict.

When the court was reconvened, the jury’s verdict was read out in open court by the Clerk of the Court, and the defendant was found guilty of all three charges against him.

The court thanked members of the jury for their hard work in this case.

The defendant, who is still in custody unable to post a $30,000 surety bond will appear again in court next month for sentencing.

The maximum sentence for the charges for which the defendant was convicted is 25 years.