Another Convicted Felon Slips Through Borders

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A hearing into how a convicted felon who had been banned from the territory for 10 years was able to re-enter was held in the High Court this morning.

Iosefa Lesa was convicted in a jury trial on 3 counts of rape on January 24, 2007.

Each count was punishable by 15 years in jail but the court decided on a concurrent sentence.

Lesa was jailed for 5 years and the court gave him the choice of serving 2 of those 5 years here at the Tafuna Correctional Facility and then depart and not return for 10 years.

The defendant left the territory but was only away for 2 years. before returning in 2000.

Assistant Public Defender Mike White, representing Lesa, informed the court that at the time that he traveled to the territory there was no legal reason or official document saying that Lesa can not re-enter American Samoa.

Deputy Attorney General Mitzie Jessop Taase countered that the defendant took advantage of the flaw in their system and was able to return to the territory because of that flaw.

She said a clerk in the Attorney General’s Office was able to detect the problem and due to her diligence and cooperation with the court they discovered that Iosefa Lesa was not allowed in the territory.

The government recommended that the defendant serve the maximum penalty.

Chief Justice Michael Kruse took note of the failure of the agency that is in charge of protecting the borders from undesirables like Lesa.

He said, “Immigration says it’s the AG’s fault, there is no database.”

He asked the Attorney General’s Office to clarify how the defendant’s father became his current sponsor.

The chief Justice wanted to understand how Lesa’s previous sponsor, a relative of Lesa’s father who resides in Hawaii was able to secure a visitor’s permit for him when he was not allowed into American Samoa.

Kruse ordered a show cause hearing for Lesa’s current sponsor, his father, because he willingly brought his son into the territory knowing that he was not allowed.

Lesa was sentenced to serve his remaining 3 years without release and to depart the territory right after he’s let out of jail.

He must also pay a fine of $5,000 and be on probation for 15 years.

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