Government Told to Explain Alternative Detention Sites

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Alatuna Simi is the defendant in the Gold Conda robbery who turned state witness and was credited by the prosecution for the successful conviction of the alleged ring leader, Samuel Wright.

Simi was to be sentenced Friday however Chief Justice Michael Kruse continued his sentencing a week in order for the government to present arguments justifying its request that Simi not be sentenced to long term confinement and that he not serve time at the Territorial Correctional Facility.

Simi has been detained at a cell at the Fagatogo police station.

He also spent a few months in confinement in Manu’a after he suffered a beating at TCF.

On Friday, Assistant Attorney General Tyler Ganzel asked the court not to sentence Simi to the maximum sentence of 15 years imprisonment.

Ganzel credited the defendant for the successful conviction of Wright and said Simi cooperated with the government from the start, and was the least culpable of the robbery defendants.

According to the prosecutor, Simi was given the nickname “Candyman” by his two co-defendants because he jumped  over the Gold Conda counter and grabbed some candy before he and the others took off in a getaway vehicle.

The attorney asked that the court sentence Simi to five years imprisonment and commented that the  minimum sentence would encourage defendants to cooperate with the government in convicting offenders.

Defense Attorney Mathoni McCormick said Simi’s testimony was essential in the government’s case and if it wasn’t for his cooperation and  testimony, Wright may not have been convicted.

The Assistant Public Defender surprised the Chief Justice when he said that on the day Wright was sentenced last week, Wright confronted Simi in the court room about his testimony.

Kruse asked if the judges  were present when this happened.

McCormick seemed to think so. The Chief Justice then called Court marshal Michael Nix to the bench.

After a few minutes talking to Nix, Kruse said according to the marshal the confrontation happened after the judges had left the court room.

As to the government’s request that Simi not receive a long term sentence, or that he serve his time at the police station or alternatively Manu’a, Kruse said this sounded like another cop out from the government.

Prosecutor Ganzel said that it would not be safe for Simi to be with the general prison population.
Kruse asked the prosecutor if he has discussed long term detention for Simi at the police station with the Commissioner of Public Safety.

The attorney responded that he hasn’t discussed it with the commissioner but the CID officers who’ve handled the case, say there’s no issue with DPS holding him.

The Chief Justice then continued sentencing for Simi until this Friday, and he expects the government to present concrete information instead of second or third hand information on detention facilities at the central police station and in Manu’a.

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