Washington trial in recess, jury still out
By John Enright reporters@samoanews.com

Enright in the characteristic ‘correspondents pose’ in front of the White House. [photo: Connie Payne Enright]
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(JAMESTOWN, RI)— As Washington, D.C., once again found itself hammerlocked by mother nature on Friday, Judge Reggie Walton did the sensible thing and called a recess in the federal district court trial of Lt. Gov. Faoa Aitofele Sunia and Sen. Tulifua Tini Lam Yuen.

The case had gone to the jury late Wednesday, but by Friday when Judge Walton sent the jurors home no decision had been reached on the multiple counts, and the District of Columbia had been seized by the worst winter storm in ninety years.

Since the beginning of the trial almost a month ago, both sides—but not the jury— had been made aware that Judge Walton would be on a long-scheduled vacation break in the Caribbean this week.

The goal was to have proceedings completed and a verdict delivered by the time he departed. That didn’t happen. Judge Walton was faced with the choice of turning the case over to another federal district court judge for acceptance of the verdict or recessing the court for the period of his absence.

Judge Walton had expressed concern over the fact that there was such a lengthy history of fine legal points in the pleadings and motions involved in the case that another judge would be unduly taxed to address certain questions from the jury. And the jury had a right to having a judge available to answer their questions. Phone connections to where he would be on St. Maarten were uncertain.

Enter the blizzard, stage south. Federal offices all over D.C. were closing down early on Friday as the storm approached. Some would stay closed until Tuesday. By Saturday morning the city was basically shut-down beneath twenty-plus inches of wet heavy snow, still falling. Even veteran Chicagoan, President Barak Obama called the storm “Snowmageddon”. Judge Walton called recess until Tuesday, February 16, after his return. (Monday, the 15th is a federal holiday, Presidents Day.)

This may not be good news for the defendants, who now must wait another uncertain week in deep-winter Washington, but it must be a break for the jurors. After nearly a month of arcane immersion in facts that have nothing at all to do with them, they get some time off. Perhaps they will return refreshed and ready to pick up their task once again to determine the fate of these two men whose immediate future has been placed in their hands.

Connie and I got out of Washington on the Friday 10:25 a.m. Amtrak train headed north. It was full. All trains south and west of Union Station had already been canceled, and by the time we boarded our train all trains headed north (the only direction left) had been sold out. By the end of the day all trains would be canceled. It felt strange to be fleeing a blizzard by heading north. Soon the airports, too would be de-icing planes and shutting down.

I found myself worrying about Judge Walton and his wife— if their plane south would get off and they could get to spend their week in tropical sunshine. He deserves a break as well.

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Comments to this story (8)
Anonymous  wrote:
22 Feb 2010 08:50 PM
you know what voter---- how about them comming home to their kapamila. i am sure they are still waiting patiently for their return
voter  wrote:
19 Feb 2010 07:33 PM
another long wait...maybe this is their last weekend in a hotel suite before those scary words are read by the jury leader: Your honor we find the defendants guilty of using a palagi as their expert witness in Samoan culture. They should have explained it on the witness stand and then we can find who the real crook is. Maybe they should have hired a Samoan lawyer to defend them. My advise is to beg the Judge if they can serve time in Samoa so that they could be near their families.
faatuatua  wrote:
11 Feb 2010 02:54 PM
tamasamoamoni maybe right. it's a warning from above but nobody knows if this is like an omen. believe the Almighty will always protect us even though we continue to break the 10 commandments. well there's our old saying 'ele falala fua le niu' there's always a reason why all of a sudden the tsunami and the cyclone are visiting us at a time our people are suffering from all the ASG corruption. there's another saying 'mua i mala ae mapu i fagalele' so maybe that will tell us 'after the cyclone and the verdict, there will be peace'
Tama Samoa Moni  wrote:
11 Feb 2010 10:12 AM
While we await the verdict, we are bracing for some heavy cyclones and hurricanes, and we wonder why these things are happening at the same time. Well, the ones with a "crystal ball" probably believes it is due to our incessant behavior of the worst kind, others probably feel it's due to natural causes, and still others might feel it is time for another set of stimulus money to save us from travesty. Whatever it is, let's wait for each one to happen before our eyes, and pls everyone go out and buy water and groceries and stock up, as we will be in for a "long one."
interesting observations  wrote:
10 Feb 2010 04:28 AM
I find it interesting that The Maverick is rendering all these profound insights but misspells so many English words. What's up with that? I.e., conclution, excibitation (I can't even figure that word out);overroding; intracacies, etc. It's nice to pontificate but get the spelling right while you're at it. Also The Maverick uses the phrase "the backward vs. the advanced." Different yes but backward? I don't think so. It all depends on how you look at it. I guess it is interesting to see who's really the backward one. If you were part of this culture you probably would not refer to it as being backward. Congrats to John Enright for reporting on this story. Nix to The Maverick's pontification.
le au tagivale  wrote:
09 Feb 2010 06:54 AM
upu lava e masani ai tupulaga, e oo a tama oo teine, ia o ai fo'i ole a ata a'o ai fo'i ole a tagi ile falepuipui...ia ole a ea se tala e fai atu i nei mea o tutupu i le atunu'u e sa'o ai loa le pese a JG..if u no to me wait yo moooooooment!
The Maverick  wrote:
08 Feb 2010 08:16 AM
This is unprecented, the judge gone on vacation while the Jury hanged-limbo in the freezing cold of the nation's capitol. Samoan people are left out in the cold wondering the results and how important it is to each constituents insatiable appetite for selecting their respective leaders onward. It also Tells me that Judge Walton needs a deserving break from the hustle and bustle of this unique trial, how unprecedented that a certain Culture has being impressively overroding the rule of law for many generations in a remote corner of the world, and no one knows about it 'til now. It is also asking why the federal government has being steadly flowing vast amount of funds into the territory with out any audits, no accountability, nor trasparency from its leaders. No wonder some have commented that this is the federal government made disaster, that if these defendents are aquittal and walk away, it is why? But it's more than that, it is also a typical mentality that is uniquelly unafraid to go beyond that no one has ever gone before or attempted to. The limitation of the legal prescribed boundaries of the rule of law are no match against the wisdom and subliminal exalted impressive customs of the people's Culture. It is Samoan vs Western cultures, the backward vs the advanced, and the assumption that like all cultures, Samoa and the Fa'asamoa would not only inevitably change, but would also follow the models of the philosophical and intellectual traditions considered to be more advanced and rational by western cultures. Dr. Shore was impressive/brilliant on his excibitation and disectioning of the fa'asamoa, exposing the intimacies and intracacies of a culture that maybe a standard future reference to comtemporary anthropoligical research and book writings. On the other hand I also faulted Judge Walton for leaving this verdict loosely unattended/unsupervised, and how unimportantly that this trial is now come to an anti-climax conclution! peace and way to go John, thanks for reporting !as always Samoa News!
Way to Go Enright, Way to Go  wrote:
08 Feb 2010 05:23 AM
We are so happy you are in D.C and not the rest of us. Hey tell the Judge he can always vacation to Samoa as an alternative. Good job Enright. You finally did something right for a change-- I love your disection of the story, behind the story-- One is always reminded that truth in media is always truthfull when reported in sight, flaws and all. cherio to you and family.
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