Attorney must meet conditions before travel

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Associate Justice Fiti Sunia has granted a request by attorney Richard deSaulles to travel off island for medical reasons but has imposed conditions that the defendant must meet.

Among these is that he post a cash bond of $20,000, submit to the court sworn affidavits from individuals who put up bond for his bail and proof of definite medical appointments from medical specialists who’ll be seeing him.

deSaulles is out on bail of $20,000 bail facing charges of stealing and embezzlement.

He is accused of stealing $121,000 belonging to Hope Dialysis Center which was supposed to be held in a trust fund.

deSaulles’ attorney Marcellus Tala Uiagalelei informed the court that his client intends to travel to the mainland for medical treatment and plans to leave July 2 and return September 30.

The defense attorney provided the court and the prosecution copies of medical appointments for deSaulles in San Diego.

Assistant Attorney General Doug Lowe opposed the request pointing out that the appointments were with primary care physicians and suggested that doctors at the Department of Health could easily do a medical evaluation of the defendant to verify that his medical condition is life threatening necessitating travel.

Associate Justice Sunia said the main issue before the court is whether the defendant is a flight risk.

To that the prosecutor said that deSaulles was a flight risk.

He argued that the defendant has run away from the California Bar Association in the past, his family left the island in April and his private law practice has shut down, so there isn’t much to make him come back when he leaves.

It’s believed that deSaulles moved to American Samoa shortly after being sanctioned by the California Bar Association.

After a brief recess, Sunia, associate judges Mamae Sala Jr. and Tunupopo Alalafaga, issued a verbal ruling.

Sunia said that after weighing the circumstances, the court is inclined to grant the defendant’s request to travel off island for medical reasons, but with conditions.

The conditions are that he provide a cash bond of $20,000, sworn affidavits from the sureties for his bail and show definite appointments to see a specialist, not a primary care physician.

The judge set a status hearing in the matter for July 10.

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