Court issues ruling on heavy police presence in Siaumau trial

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At the start of this final day of the jury trial of Thomas Siaumau, accused of shooting at a police unit with a female police officer inside, the defense asked the court for the removal of close to 20 uniformed police officers who were inside the courtroom at the start of the case.

Defense attorney Richard deSaulles informed the bench that a Facebook post by Assistant Attorney General Christy Dunn last night asked that as many police officers be in court this morning to show the jury their support of the Department of Public Safety and for the two officers Lepou and Leomiti.

The defense lawyer said they are disturbed with the presence of so many uniformed police officers and their presence would unduly influence and prejudice the jury for a conviction.

deSaulles said the communication from the prosecutor was inappropriate and unethical. He asked the court that the uniformed officers be asked to leave, adding if they wanted to return as plainclothes observers it would not matter.

Assistant AG Dunn claimed she had nothing to do with the message, but she argued that the officers, just like the relatives and friends of the defendant, have a right to be in court like any other member of the public.

She said since the start of the trial a week ago, there have been several police officers in court.

Associate Justice Fiti Sunia, assisted by chief Associate Judge Mamea Sala Jr. and Judge Tunupopo Alalafaga, took a 20-minute recess and returned with a decision.

He said there was an unusual situation and there was no case law or a precedent for the court to rely on.

He said the court weighed the the defendant’s right to a fair and impartial jury against the first amendment rights of any member of the public to be in court.

He said while there have been police officers in the court room throughout the trial, what is different this time is that this was a staged appearance.

The judge said the court finds that the risk of undue influence on the jury from the heavy presence of uniformed police officers was not acceptable.

Excepting the number of the officers seen at the start of the trial, which Sunia deemed to be six, the court ordered all other officers to leave the court room.

Around 10:50 am, closing arguments were presented in the case, with the government telling jurors that regardless of the lack of physical evidence linking the defendant to the shooting on December 14, 2017, the testimony of witnesses was enough for them to find Siaumau guilty of the 7 counts against him.  One of the private peace disturbance charges was dismissed this morning.

The defense, however, highlighted that all of the physical evidence collected by the government, which included bullets, casings and even beer cans from the alleged crime scene, could not be linked to the defendant and that the government’s only witness, JM,  lacked credibility.

Commissioner of Public Safety Lei Sonny Thompson, Deputy Commissioner Falanaipupu Taase Sagapolutele and officers were present during the closing arguments.