A man convicted of three counts of rape in 2006 and was banned from the territory for 15 years, was in court again today,
Iosefa lesa had been cleared for the immigration amnesty program and was issued an ID card.
When he tried to change his immigration status, the Attorney General’s Office discovered his criminal past and that he was still banned from coming back to American Samoa.
He was arrested and taken to the TCF ,and today was his probation violation hearing.
In calling Lesa’s case, Chief Justice Michael Kruse referred to him as an individual who got back into the territory with the blessing of authorities.
He said his case was the same as one Pelenato Maiava.
Maiava, a bus builder from Samoa, had been convicted of sexual crimes and ordered to stay away from the territory but he managed to get back in not just once but several times.
The Chief Justice recalled a time in court for yet another case like this, when he asked former assistant Attorney General Russell Smith about the possibility of rapists, murderers and other felons being admitted into the amnesty program.
He said the former prosecutor shrugged his shoulders and said yes.
Kruse said Lesa was proof in the pudding.
In 2006, Lesa was convicted of 3 counts of rape and sentenced to 15 years to be served concurrently, however sentence was suspended and he served 2 years in jail then returned to Samoa, he was not to re enter for 15 years.
But in 2010 he managed to re-enter.
Chief Probation Officer Malcolm Polu testified concerning Lesa’s movements his conviction, time in jail and his movements from the time he re entered the territory up to being granted approval by the Amnesty Program.
The Chief Justice said there was probable cause presented that Lesa violated probation and the court has scheduled a probation revocation hearing for the defendant on June 17.
