District Court Judge Jon Clemens has told the government that it must provide discovery to the attorney for former Director of the American Samoa Historic Preservation Office, Epifania Suafoa-Tauai. At a status hearing in the case Thursday, Suafoa-Tauai’s attorney Neil Connors said that its been several months since his client’s first appearance and up to now the government has still not provided discovery. The defendant’s initial appearance in District Court was on February 27th.
Connors pointed out that Suafoa-Tauai has been terminated from her job and the letter of termination cited this case. He said his client was entitled to a speedy trial and discovery would help him prepare a proper defense.
The court had continued Suafoa-Tauai’s status hearing from April 8, after it was informed that the Attorney General’s Office was to apply for an independent prosecutor for the case. At Thursday’s hearing, Assistant Attorney General John Gazaway said that the day before, the AG’s Office submitted an application to the High Court for appointment of a special prosecutor.
Defense attorney Connors confirmed that he had received a minute order about the application and the High Court has set a hearing for Wednesday, May 14, on the application before Chief Justice Michael Kruse.
Connors was concerned that the process was taking a long time and his client was being denied a speedy trial. He wondered if the government was going to wait until after the appointment of a special prosecutor to provide discovery.
Judge Clemens said if the defendant feel’s her rights have been violated or wants redress for whatever other suffering she is experiencing this could be a civil matter. However, as far as the criminal case, he could only urge the government to provide discovery. Judge Clemens has set another status hearing on the case for May 27th.
Suafoa-Tauai faces two misdemeanor charges, third-degree assault, and public peace disturbance for allegedly punching a cashier at Kruse’s store in Leone on February 16.
Suafoa-Tauai told KHJ News that she is filing a wrongful termination suit against ASG.
