A barrage of questions from District Court Judge Fiti Sunia to an officer of the Territorial Correctional Facility today led to revelations that inmates get to use the cell phones of guards at the detention facility.
Judge Sunia’s questioning of the TCF officer came during a status hearing for Dean Jay Fletcher, who’s being held for allegedly entering and leaving the territory illegally.
Fletcher has also made a motion for reduction of his bail.
Fletcher is the same man wanted in Tonga for the murder of his wife.
He escaped from the prison in Vavau and sailed here earlier this week on his yacht Sea Oak.
It was the judge’s perception that Fletcher communicates regularly from TCF to an associate in Tonga and wanted to know how he’s able to do this from inside TCF
The TCF officer accompanying Fletcher to the court this morning said that each defendant is allowed one call per week.
The judge asked on “who’s phone?” and whether the call is one a landline or cellular phone.
The officer responded that the cellular phone of whoever is on duty in the office is the one that inmates use.
He said if the call is for off island, the inmates bring their own $20 phone cards.
Judge Sunia pressed, “So the inmates are loading their minutes into your cellphones?”
He said the court does not want to undermine the policies of the precinct.
But added in a loud voice, “If it is your policy then so be it but the phone situation is just “wow.”
Fletcher’s attorney, Assistant Public Defender Mathoni McCormick said that the defendant was in Tongan custody but now he is in ASG’s custody and should be given due process because he is a U.S citizen.
He also commented that all defendants are entitled to bail and that the affidavit for Fletcher’s case had insufficient information to warrant no bail.
Sunia replied, “first of all the defendant being a U.S citizen is of no relevance to this court. He will receive the same rights as US nationals in the TCF with pending cases.”
The judge also pointed out that the Constitution allows for no bail if the court determines that a heinous crime is likely to have been committed, such as murder.
The prosecutor, Assistant Attorney General Gerard Murphy also added that the American Samoa Constitution allows defendants to be held on no bail if they are alleged to have committed a serious crime such as murder.
He said, in this case, Fletcher is charged with murder in Tonga.
He argued that even though Fletcher has been charged with a misdemeanor here, he has a pending murder trial in Tonga and he fled from Tonga with a significant sum of money and with travel documents in an attempt to flee.
So, said the prosecutor, the defendant represents a risk to the community and he is a huge flight risk.
“If he gets out, he will most likely take off and not be found again
Judge Sunia announced at the end of the attorneys arguments: “The court has denied bail,” and said it three times.
