Judge dismisses some charges against territorial lieutenant governor, senator

Some charges dropped against territorial officials

HONOLULU — A federal judge has dismissed portions of an indictment returned against the lieutenant governor and a senator of the U.S. territory of American Samoa.

Lt. Gov. Ipulasi Aitofele Sunia, 65, and Sen. Tini Lam Yuen, 57, were indicted in 2007 for allegedly conspiring to split a large project for school furniture construction among companies they owned and a third company owned by another official.

Over three years, contracts Sunia and Yuen shared totaled $775,000, according to the indictment.

U.S. District Judge Reggie B. Walton of Washington, D.C., on Tuesday threw out two obstruction counts contained in the six-count indictment. He also dismissed parts of three other counts concerning fraud and bribery.

Sunia and Yuen also had sought the dismissal of the first count accusing them of conspiracy.

Sunia’s defense attorney, Stephen Anthony, praised the ruling.

“We’re grateful for the fact that Judge Walton in his decision has paid close attention to this case and has engaged in a careful analysis of the legal issues,” Anthony said.

Laura Sweeney, a spokeswoman for the U.S. Department of Justice, said Walton’s decision was being reviewed by prosecutors.

“Defendants Aitofele Sunia and Tini Lam Yuen remain charged with public corruption offenses, and trial is scheduled to begin on Nov. 2, 2009,” she said.

Sunia was territorial treasurer at the time he and Yuen engaged in the alleged scheme in order to avoid a competitive bidding process, the indictment said.

They also allegedly conspired to create paperwork that gave the false appearance that the project was dozens of small projects beneath the $10,000 threshold requiring competitive bidding, the indictment charged.

Sunia and Yuen were released on a $50,000 unsecured bond after they were arrested in 2007.

Despite the indictment, Sunia and Gov. Togiola Tulafono won re-election in 2008.

American Samoa, which has no federal court, is located in the South Pacific, about 2,300 miles south of Hawaii.