Pago Pago, AMERICAN SAMOA —  A 36-year old man from Samoa was arrested by police three weeks ago after allegations arose that 5 months ago he sexually assaulted a 16-year old girl, who is also from Samoa.

The victim and along with a relative made the report to police three weeks after the alleged incident took place.

Pomale Alesana is being charged with 6 criminal counts that include 2 counts of sodomy; 2 counts of 1st degree sexual abuse, all class B felonies, punishable by imprisonment from 5 to 15 years; and 2 counts of 3rd degree assault, both class C misdemeanors, punishable by imprisonment for up to fifteen days, and a fine of up to $300, or both.

Alesana made his initial appearance before District Court Judge Elvis P. Patea where Patea established his bail at a $35,000, surety bond. If he can post his bond, the court orders that the defendant is not to have a direct or indirect contact with the victim or government witnesses; to surrender his travel documents to the government attorney, and he is not leave or attempt to leave the territory without a written order of the court.

The defendant refused to sign the copy of his arrest warrant that was attached to the affidavit to notify the court that he had received the copy of the arrest warrant and the government’s affidavit.

According to the Immigration report presented to the court, the defendant has an immigration status of “SB” and his immigration ID is valid until October of this year.

When the court asked the Immigration Officer (IO) about a “SB status”, the officer replied that it refers to an individual who is sponsored by a business.

The court then questioned the IO about the criminal clearance requirement procedures the Immigration Office and Immigration Board have set for people with special skills from other countries who apply for employment in the territory.

“What happened to the requirement for criminal clearance of the person who is applying for the job in American Samoa the applicant has to submit along with all the required documents?” the court asked. The IO told the court that she cannot offer any answer to the court’s enquiry.

Then court continued to ask about the required documentation the person who is applying for a job in the territory has to submit.

“There is a criminal record (clearance) for the applicant from his/ her home country that needs to be submitted,” the court told to the IO. “We’re not allowed to let a criminal enter American Samoa. The court is not taking this matter lightly.”

The defendant is scheduled to appear in District Court next week Friday for his preliminary examination (PX).

THE ALLEGATIONS

The government claims that on Oct. 26, 2019 the victim (who is named in the affidavit as (TU), and her sister walked into the Central Police Station and allegedly reported that the defendant sexually assaulted TU in Fogagogo, American Samoa.

A detective from the DPS Criminal Investigation Bureau (CID) was assigned to investigate the matter. The victim was interviewed by two CID detectives.
It appeared from the government’s case that the defendant and the victim, who are both from Samoa lived in the same house in Fogagogo.

The victim told investigators that on Oct. 4, 2019 around 5:30a.m, the defendant woke her up (victim) to prepare breakfast for their 85-year-old aunty and do the ironing for the victim’s school uniforms and the defendant’s clothes. While the victim was preparing breakfast for the family, the defendant came to her and allegedly hugged her from behind and kissed her neck.

While kissing the victim’s neck, the defendant massaged the victim’s breast and pulled her body tight to his body. The victim told investigators that she could feel the defendant’s penis against her back.

The victim walked away and told the defendant to stop his stupid actions, but the defendant laughed and told the victim that he wanted to spend the rest of his life with her.

Immediately after this alleged incident, the victim reported to her eldest sister what had allegedly happened and the sister in turn reported it to their mother. The victim’s mother told her to come home to Samoa, if it happened again.

Two days after the first alleged incident another alleged incident happened inside the same house where the defendant and the victim lived.

The victim further reported to police in her statement that on Oct. 6, 2019, she did not go to school because she got the flu. She then asked her oldest sister to give her $20 to buy something for the aunty’s breakfast.

Before the defendant left the house for work, he knew that the victim was not going to school.

Around 9:30a.m, the defendant came back home and told the victim that he’s not feeling good.

Both the defendant and the victim were inside the same house while the 82-year-old aunty was living at a separate house located behind the house where the victim and the defendant live.

The defendant went to his room and got in his bed while the victim was lying on the couch in the living room watching TV.

The victim told investigators while she was lying on the couch in the living room, the defendant came and sat down behind her. He allegedly tickled her and started kissing her but she slapped him and told him to stop. She then stood up, walked inside her room and locked the door.

The defendant used a butter knife to open the door and made his way inside her room and found the victim lying on her bed. The defendant then held her hands and allegedly removed a thin wrap that was the only clothing she had over her chest.

She struggled but he was too strong for her to get away from him. The victim told the defendant that she was scared, but the defendant told her that there was nothing to be scared about. He told also told the victim to relax and don’t move while he was going to make her feel better.

The victim told investigators that she was really scared and told the defendant to stop what he was doing, but the defendant continued to kiss her and then moved down to other parts of her body. The defendant allegedly pulled her shorts and panties off and continued to perform sexual acts on her while she was crying and continuing to ask him to stop.

When the defendant finally stopped, he then asked the victim for her forgiveness.

On the following day, the victim was examined by doctor at the LBJ Hospital, and a sexual assault report was completed.

The defendant was arrested from his work place pursuant to an arrest warrant from the court.

During an interview with police, the defendant strongly denied all the allegations against him after he was warned of his constitutional rights. However, after investigators informed him about the victim’s statement, the defendant then changed his mind and told investigators that he wanted to tell his side of the story.

According to the defendant’s statement to investigators, it all started at the beginning of 2019 when the victim came into his room and asked him if they could start a friendship.

The defendant further stated to investigators that on the day of the alleged incident, hey had a conversation, and started kissing. The defendant admitted going to the victim’s bedroom where he performed more sexual acts on her. He further told police that the victim consented to the encounter.