Pago Pago, AMERICAN SAMOA — A man convicted of molesting a 12-year-old girl while she was walking home received a probated sentence from the Court.

After serving his period of detention, the Court ordered Lino Penitito to depart the territory and remain outside of its borders for the remainder of his 5 years probation.

Penitito, who has been in custody since his arrest last year, unable to post a $50,000 surety bond, appeared before Acting Associate Justice Elvis P. Patea last week for sentencing.

Penitito was initially charged with two counts of attempted child molesting, a class B felony, punishable by a term of imprisonment from 5-15 years; one count of attempted rape, one count of felonious restraint and one count of 1st-degree sexual abuse, all class D felonies punishable by a term of imprisonment of up to five years, a fine of up to $5,000, or both, along with one count of endangering the welfare of a child, a class A misdemeanor, punishable by a term of imprisonment of up to one year, a fine of up to $1,000 or both.

However, under a plea agreement with the government, also accepted by the court in February of this year, the defendant pled guilty to the charge of 1st-degree sexual abuse, a class D felony, punishable by a term of imprisonment of up to 5 years, a fine of up to $5,000, or both.

By his guilty plead, Penitito admits that on Mar. 26 of last year, he sexually abused a young girl.

Both parties recommended a probated sentence to the court.

Prosecutor, Kristine Soule’ further recommended deportation of the defendant after serving his period of detention. The prosecutor informed the court that the defendant is married to a US National and his wife’s family don’t want him back.

After reviewing submissions and statements about the case, the court sentenced Penitito to a term of 5 years imprisonment. Execution of the sentence was suspended and the defendant was placed on probation for 5 years subject to several conditions.

He shall serve a period of detention of 15 months. He will be credited with over 12 months he already served while awaiting the outcome of his case. He has less than 3 months to serve at the TCF.

Upon serving his period of detention, the defendant is ordered to immediately depart the territory and remain outside of its border for the remaining term of his probation.

He is also ordered to submit himself for HIV testing and to register as a sex offender.

The court further ordered that the copy of the court’s Judgment and Sentence be served upon the Chief Immigration Officer in order to include the defendant’s name on their lookout list.

BACKGROUND

According tot he government’s case, it was on Mar. 26, 2021 at about 5:15p.m, when a woman contacted the Central Police Station in Fagatogo requesting police assistance regarding her 12-year-old daughter who had been molested by an unknown Samoan male while her daughter was walking on the road to go home.

The woman further stated to police that her daughter was crying and scared when she arrived home and immediately alerted her about what happened on the road.

Several police officers responded to the call and met up with a woman at the house where the call came from and immediately started their investigation by interviewing people involved in the matter including the victim and her mother.

Both the victim and her mother were transported to the FPS for further investigation. Police were also notified that the suspect was Tino Penitito.

The victim was questioned in the presence of her mother and two investigators. According to the victim’s statement to police, she was walking home, and a Samoan man called her to come over to his house, and started asking questions — where she lived and how many people are in her family.

He also asked if she wanted to hang out with him at his house because he was bored and he wanted someone to talk to, and the victim replied, “No I can’t, I need to go home because my mommy is waiting for me.”

At one point, the defendant allegedly grabbed the victim’s hand and forced her to walk inside the house. The defendant pushed the victim inside the house before he closed the door.

As the defendant was pulling the victim’s hand and trying to lead her inside the house, he touched the victim’s chest inappropriately.

He allegedly hugged the victim and started touching her inappropriately. The victim further stated to investigators that the defendant tried to pull her inside the bathroom and take off her clothes but she managed to push him away and told him that she needed to go home.

After a few moments of trying o free herself from the defendant, the victim managed to run away from his house and made her way home. She then reported what happened to her mother and her mother then reported the incident to authorities.

The victim did not know the identity of the Samoan male who attempted to rape her but she did know the location of the house.

Several police officers went to the house where the victim reported the incident happened. While speaking with the resident of the house, officers were able to identify the unknown Samoan male as Penitito who lived in Pago Pago.

 On the following day, Mar. 27, officers at the CPS received a phone called from a male individual who wanted to remain anonymous stating that Penitito was at his house and requested police assistance right away before Penitito disappeared.

After he was Mirandized officers interviewed Penitito and he strongly denied the allegations.

He told investigators that he understood that she was only a young girl but the reason why he called her to come into his house was to hang out with her because she was like his sister’s young children and he wanted to spend time with young children like her.

Penitito’s previous conviction stemmed from an incident where he and another former employee of Tri Marine stole items and money from the company’s main office while he was working as a security guard in 2016.

Penitio was ordered to serve 20 months at the TCF as a condition of 5 years probation after he was convicted of stealing from his former employer. However, execution of the jail term was suspended and he was given only 180 days (or 6 months) behind bars.

According tot he government’s case, it was on Mar. 26, 2021 at about 5:15p.m, when a woman contacted the Central Police Station in Fagatogo requesting police assistance regarding her 12-year-old daughter who had been molested by an unknown Samoan male while her daughter was walking on the road to go home.

The woman further stated to police that her daughter was crying and scared when she arrived home and immediately alerted her about what happened on the road.

Several police officers responded to the call and met up with a woman at the house where the call came from and immediately started their investigation by interviewing people involved in the matter including the victim and her mother.

Both the victim and her mother were transported to the FPS for further investigation. Police were also notified that the suspect was Tino Penitito.

The victim was questioned in the presence of her mother and two investigators. According to the victim’s statement to police, she was walking home, and a Samoan man called her to come over to his house, and started asking questions — where she lived and how many people are in her family.

He also asked if she wanted to hang out with him at his house because he was bored and he wanted someone to talk to, and the victim replied, “No I can’t, I need to go home because my mommy is waiting for me.”

At one point, the defendant allegedly grabbed the victim’s hand and forced her to walk inside the house. The defendant pushed the victim inside the house before he closed the door.

As the defendant was pulling the victim’s hand and trying to lead her inside the house, he touched the victim’s chest inappropriately.

He allegedly hugged the victim and started touching her inappropriately. The victim further stated to investigators that the defendant tried to pull her inside the bathroom and take off her clothes but she managed to push him away and told him that she needed to go home.

After a few moments of trying o free herself from the defendant, the victim managed to run away from his house and made her way home. She then reported what happened to her mother and her mother then reported the incident to authorities.

The victim did not know the identity of the Samoan male who attempted to rape her but she did know the location of the house.

Several police officers went to the house where the victim reported the incident happened. While speaking with the resident of the house, officers were able to identify the unknown Samoan male as Penitito who lived in Pago Pago.

 On the following day, Mar. 27, officers at the CPS received a phone called from a male individual who wanted to remain anonymous stating that Penitito was at his house and requested police assistance right away before Penitito disappeared.

After he was Mirandized officers interviewed Penitito and he strongly denied the allegations.

He told investigators that he understood that she was only a young girl but the reason why he called her to come into his house was to hang out with her because she was like his sister’s young children and he wanted to spend time with young children like her.

BACKGROUND
Penitito’s previous conviction stemmed from an incident where he and another former employee of Tri Marine stole items and money from the company’s main office while he was working as a security guard in 2016.

Penitio was ordered to serve 20 months at the TCF as a condition of 5 years probation after he was convicted of stealing from his former employer. However, execution of the jail term was suspended and he was given only 180 days (or 6 months) behind bars.