American Samoa Government v. Togiailua
American Samoa Government v. Togiailua
Opinion of the Court
This matter involves the alleged murder of a young woman by her father, defendant Tuituaolo Olene Togiailua (“Togiailua”). The chief eyewitness for the prosecution is Tuituaolo’s wife, who has asserted that she does not wish to testify, purporting to invoke the privilege of spousal immunity. A formal motion to suppress her statements and to prevent her from testifying was filed on April 17, 1999. The motion also requested an earlier trial date. Hearings were held on April 19 and May 3, 1999, with Togiailua and both counsel present. The court has reviewed the wife’s testimony, written submissions, and oral arguments on the issue of the spousal privilege.
Discussion
A. Spousal Immunity Privilege
The specific issue of the existence and application of the spousal immunity privilege is one of first impression in this jurisdiction. Privileges generally, however, are governed by TCRE 501:
Except as otherwise required by the Constitution of the United States or of American Samoa or provided by an Act of the Fono, the privileges of a witness, person, government or political subdivision thereof shall be governed by the principles of common law.
For guidance in our interpretation, we look to the development of the spousal privilege as it has evolved in the federal and various state courts.
Originally, the notion of spousal immunity grew out of the pretwentieth century concept that husband and wife were a single entity in the eyes of the law, and that each was therefore incompetent to sue or appear as a witness against the other. Gloria M. Sodaro & Paul A J. Wilson, Testimonial Privileges § 5.02 (Scott N. Stone & Robert K. Taylor eds., 2d ed. 1995). Although the laws regarding spousal relations — and particularly regarding women’s rights within the marriage — have changed dramatically since the late nineteenth century, the privilege of spousal immunity has survived under the rationale that it helps to promote harmony within the marriage and family. Hawkins v. United States, 358 U.S. 74, 79 (1958) (privilege properly perseveres to “foster family peace”).
In this particular case, the alleged crime at issue is no less than the murder of a child by one of her parents. In balancing the competing goals of family harmony and the need for a complete and thorough fact-finding, the interests of justice require that the scales be tipped in favor of the latter. Spousal immunity does not apply, and Togiailua’s wife may properly be compelled to testify.
B. Speedy Trial
Togiailua also requests, on the ground of his right to a speedy trial, that his jury trial now scheduled on August 3, 1999, be rescheduled to an earlier date no later than June 15, 1999. A defendant’s right to a speedy trial in a criminal prosecution is protected by Article I Section 6 of the Revised Constitution of American Samoa. Togiailua was arrested on February 11, 1999, and bail was set on February 18, 1999. Unable to post bail, set at reasonable $35,000 for a homicide prosecution, he has been in pretrial confinement since then. The trial date was scheduled at the arraignment without Togiailua’s objection. Moreover, given the criminal caseload of the court and an appropriate time to prepare for trial in a homicide prosecution, the trial is scheduled at a reasonable interval after Togiailua’s arrest and arraignment in this court. Togiailua’s right to a speedy trial has not been abridged.
Togiailua’s motion to suppress statements by his wife and to prohibit her testimony for the prosecution against her husband, on the ground of the privilege of spousal immunity, is denied. His motion for an earlier trial date, on the ground of his right to a speedy trial, is also denied.
It is so ordered.
A separate and distinct privilege, which protects the confidentiality of spousal communications, was also developed at common law. Unlike
Case-law data current through December 31, 2025. Source: CourtListener bulk data.