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US Justice Department withdraws opposition to returning Fletcher’s property

[SN file photo]
fili@samoanews.com

The US Justice Department has withdrawn its opposition to returning cash and other belongings of an American man, Dean Jay Fletcher, wanted in Tonga for the murder of his wife. American Samoa officials turned over the property to federal agents in November 2016.

Evidence submitted by the USDOJ two weeks ago, shows an American Samoa Department of Public Safety property report, dated Oct. 3, 2016, itemizing a cash count of US, as well as New Zealand, Australia, Canadian, Tongan currency, two credit cards, a US passport and other documents.

Fletcher is alleged to have escaped from custody in Tonga and arrived in American Samoa on Oct. 3 and was arrested for entering the territory without proper authorization. When his local case was dismissed, Fletcher was turned over on Nov. 22, 2016 to the US Marshals Service agents, who escorted him back to Honolulu for his extradition hearing.

Based on federal court documents, American Samoa officials turned over to US Marshals agents all of Fletcher’s property, and the federal government seized all of the cash and credit cards, while the other items were returned to Fletcher.

Fletcher’s attorney, Melinda K. Yamaga with the Federal Public Defender’s Office in Honolulu, filed a motion last month for the return of the property, which she argued were illegally retained by the government.”

According to the defense, the government claims its authority for both seizing and retaining the aforementioned items under a provision of the Extradition Treaty.

“This claim is unfounded,” Yamaga argued, adding that both the American Samoa officials and the U.S. government have returned some of Fletcher's possessions to him. “The only distinction between the items retained as opposed to returned appears to be in their value,” she said.

The USDOJ was strongly opposed to returning the property in question and filed with the federal court Tonga’s money laundering law as evidence for seizing the cash.

Assistant US Attorney, Larry Butrick, told The Associated Press late last month that the US government sized the cash in accordance with the extradition treaty between the United States and Tonga.

However, court records show that during a status hearing on Jan. 11, the US government informed the court that the Tongan government will not take issue on the seized property and therefore the federal government withdraws its opposition on the defense motion to return of property.

At the conclusion of the hearing, the court said that turning over all of the currency and two credit cards from the USDOJ shall be held in abeyance pending the resolution of making the appropriate arrangements for the return of property. Additionally, Yamaga and USDOJ were to work on a stipulation to be submitted to the court for returning Fletcher’s property.