A Durango prosecutor has requested that the Samoan ambassador to the United Nations be allowed to testify via video against a Utah man accused of spearheading an international scam in Montezuma County.
At a hearing before Chief District Court Judge Doug Walker on Tuesday, Oct. 20, special prosecutor Todd Risberg argued that Aliioaiga Feturi Elisaia of Somoa be allowed to testify via videoconference when a fraud trial starts on Dec. 3. Risberg explained the Samoan dignitary will be in Paris and unavailable to attend the local proceedings.
Public defender Kenneth Pace objected to the request, citing his client, Leroy Mariner, 28, of Salt Lake City, had a right to confront prosecution witnesses. Mariner faces a dozen felony and misdemeanor theft and fraud charges related to a $60,000 international scam. The case against Mariner resulted after he helped to arrange a failed online education program through the Cortez-based Unlimited Learning Center for his native Independent State of Samoa.
Acknowledging that video testimony was only allowed in cases involving children, Walker opted to take the matter under advisement.
At Tuesday’s hearing, the defense also raised objections to prosecutors submitting incriminating emails at trial. The matter was tabled after Risberg announced that he was waiting for additional information before deciding whether to introduce the evidence.
The hearing closed with Walker ordering Mariner to re-apply for a court-appointed attorney. Risberg successfully argued for a new public defender application, stating that Mariner’s financial conditions had changed since his initial request was filed in July 2014.
Mariner’s next hearing, a pretrial readiness conference, is set for Nov. 5. The trial is expected to last up to two weeks.
Mariner was previously offered a plea deal in connection to the case, but he failed to abide by the terms of the agreement, which resulted in a jury trial. The plea deal required Mariner to pay $40,000 in restitution by June 26. The payment wasn’t received.
One of several named victims, Ann Miller, executive director of the Unlimited Learning Center, allegedly fell prey after loaning her personal credit card to Mariner. He’s accused of using the credit card to fund a vacation to Dallas for several Samoan dignitaries. Miller’s out of pocket expenses, including airfare, hotel, gambling and alcohol charges, totaled some $30,000.
In previous proceedings, Miller has described Mariner as an “unscrupulous and blatantly dishonest” liar. She requested he be jailed, citing officials spent numerous man-hours training teachers, developing curriculums and readying online instructions.
Both Risberg and Pace have both said they are baffled by the unusual property crime, stating it offered Mariner no personal financial gain.
“The scam itself doesn’t make a lot of sense to me,” said Risberg.
“It’s bizarre,” Pace said.
Mariner has yet to offer any explanation, but he did apologize in open court over the summer.
“People were hurt,” Mariner said. “I’m sorry.”
tbaker@the-journal.com