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 “…if you try to escape I’ll shoot you,” US Guard tells Minister
By Hans Joachim Keil
Branson Missouri
Saturday 19 September 2008
Dear Misa - I am writing this letter longhand and sending it express mail to California for Kofi’s son Johannes, to bring to Samoa on the Tuesday night Air New Zealand flight and deliver to your office early Wednesday morning.
This is a sequence of events on how things happened so you at least have my side of the story.
Exactly two weeks ago, I landed in California. I spent the weekend there visiting my mother. I landed at Los Angeles (Lax) airport about 2pm Saturday 6th September on United Flight 935 from London. I came from Brussels via London that day. Came through U.S. citizens lane, they checked my passport and let me through.
No problem whatsoever. Monday morning, I flew from Lax to Kansas City and travelled to Branson by car which is a three and a half hour drive. That evening after watching the Dutton show, I spent the night at my daughter Bella and her family’s home.
I left word that I wanted to meet with the island fire dance group at 9am the next day, Tuesday, at the Dutton Family Theatre where we usually meet.
 We met that morning Tuesday and didn’t get started till 9:30 because some were late and needed everyone there to hear what I had to say. I began by praising them for their dedication and hard work, earning money and sending back to their families.
Also told them I need to meet with them on a one-to-one basis (which I normally do) to discuss private matters.
I began with Antonio who is in charge of the boys. I told him I was taking his brother Ameto Galu with me because of too many complaints about him (fa’alogogata and bad attitude) and didn’t want any problem with him. Atonio said it was fine with him so I said good, wait for me and I’ll tell Ameto so they can go pack his bags and return with me to Samoa at noon.
He went back down to where the group was waiting and sent Ameto up to me.
First, I congratulated Ameto for his engagement to be married and wished him luck.
Then I told him I was taking him back to Samoa that day and he can come back on his own to get married. He smiled and said that was fine.
When we got up to go down where the group was, he ducked into the men’s room. That’s when he must have called the immigration agents to tell them I was there and they surrounded the building.
I next got the leader of the girl’s group, Ianeta Faagalu, and told her I was taking her back to Samoa with me that day. She seemed surprised and sad but said she will go.
Told her we’ll go outside to the car where I had a spare suitcase for her to take her things.
When we stepped outside of the Dutton Theatre and opened the car door, a dark car that had been parked in the parking lot and a man jumped out whom I recognised as agent Todd Hamilton.
He flashed his badge and said “I’m charging you with being an illegal alien and entering the United States Illegally.” I replied “I’m a US citizen” and he asked: “Do you have any proof?” I said: “Yes. I have a U.S passport in my briefcase inside the Theatre.” He said he wanted to see it.
So I walked inside the theatre and got my U.S. Passport to show him. He grabbed it and said this was an illegal document and he insisted that “I arrest you for being an illegal alien.”
He immediately put my hands behind my back, put handcuffs on me and led me outside back to the parking lot. The three agents who did this were Todd Hamilton, Laura Foster and a Jack Barnhart, who identified himself as being an agent from the State Department.
Lurking in the background - I later found out - was their supervisor, Michael Spinelli. Back out in the parking lot, they had me put my hands on the car (they charged and handcuffed me in the front) spread my legs, searched me and took everything from my pockets.
They then put me in a large dark Ford expedition type vehicle in the backseat with Jack Barnhart while Laura Foster did the driving. They also brought my briefcase along. Following in the other car was Todd Hamilton and Michael Spinelli.
As we were driving along from Branson to Springfield where there H.Q. were, which is a 45 minute drive, Jack Barnhart was trying to call the US Embassy in New Zealand to a person named Jamal to let him know I had been arrested.
It was then I became suspicious that they had been planning this all along and that the arrest at the Dutton Theatre was no coincidence which means they had inside assistance from one of the dance group to know I would be there at that date and time.
I also figured if the Embassy in New Zealand knew then the U.S. Embassy in Samoa would also be in the picture.
I’m sure they were. What disappoints me is I worked so hard to help the island fire dance group in getting them up here and they would betray me with their disloyalty.
In this whole episode, I kept my cool and was calm. I thought there must be a misunderstanding which would be cleared that someday and I can be on my way to Samoa on that Tuesday evening flight.
Little did I know how wrong I was and what was awaiting me the next few days. I was also never read or advised any of my rights during this arrest. I suppose since they’re arresting me for being an illegal alien, I don’t have any rights.
We arrived at their Springfield H.Q. Handcuffs taken off me and taken to a room to be photographed and fingerprinted.
They also asked if they can search my briefcase and I gave my approval. I had nothing to hide, hoping this will all be over soon, get my release and I will be on my way.
About noon, they took me to another bigger room where the questioning began.
They read me my rights and asked if I understood. I said I did. They then asked me to explain why I believed myself to be a United Stated Citizen.
But before, that they asked details about my family, parents, wife, children, birthdates, where each resided and gave that information willingly.
At no time was I ever rude or disrespectful to anyone.
I told them we migrated to Honolulu Hawaii in August 1961 with documents issued by the office of the Governor of AM. Samoa stating that we were U.S. citizens.
That is my mother Violet, and myself and 3 brothers Richard, August and Hermann.
And from then on, I used that document to enlist in the U.S. Air Force 2 months later and to gain a social security card.
I served in the U.S. Air Force from October 1961 to October 1965 when I was given an Honourable Discharge after four years service.
After the service, I moved to Tulsa, Oklahoma where I began my flight training with Spartan School of Aeronautics which was considered one of the top pilot training schools at that time.
In January 1967, I was called to serve a mission for the Church of Jesus Christ of Latter Day Saints in Samoa so I needed a passport to travel.
I filled in the application which included my birth certificate showing I was born in Apia, Western Samoa, and the same letter of identity issued by the office of the Governor of Am. Samoa stating that Hans Keil (me) is a United States Citizen.
This passport was issued out of the New Orleans passport office in February 1967 and subsequent ones issued for each renewal with no questions asked.
The latest one was in September 2006. This makes a total of seven passports issued altogether. I have travelled extensively in and out of the U.S. with these passports. With the one I was currently using prior to my arrest, I entered the US about 10 times in 2007.
This year (2008), I used it to enter U.S.A in February 3, June, July, August 30, and then 6 September 08 through Lax.
Not once did they query this passport on those occasions, so why now in Branson, Missouri on Tuesday 9th September 2008? Laura Foster and Jack Barnhart stated I made an application in Jan 1967 for citizenship.
They showed me a letter I had handwritten and signed in January 1967.
Gee I recognized my handwriting it was written over 40 years ago and I had no recollection of that letter. I told them I made an application in 1976. These two applications were made to obtain a proper certificate of citizenship as I always believed myself to be a U.S. citizen on the strength of that document issued to me in August 1961 by government of Am Samoa.
So at th
e end of the interrogation, Jack Barnhart made me sign some documents about the interview and the charges and that I’m now officially charged as a criminal.
Also during the interview, they brought in my Samoan Diplomatic Passport and asked me about it and I stated that it was mine.
Jack Barnhart said it was illegal and I told him that dual citizenship was permitted in Samoan legislation. He said it wasn’t allowed in the U.S. because it meant swearing allegiance to a foreign country.
I then asked him if my service in the US Military is of any help and he sort of brushed it aside and said “it doesn’t count”. This made me very sad because in essence, he is stating that anyone who served in the US Military doesn’t matter. I’m willing to bet he never served in the military.
A call then came through from Ambassador Feturi Elisaia from NY and we discussed the situation I was in and that these officials had confiscated both my U.S. passport and my Samoan diplomatic passport.
He said the Prime Minister knows and they will do their best to have me released as soon as possible. Another thing that is of great interest is that Laura Foster showed me the file that included the original letter of identity that was issued by the office of the governor of Am. Samoa. I thought I had lost it but it must have been kept when they issued me with the initial passport out of New Orleans.
Just before 4pm, Bella showed up with lawyer Jim Wei. We had time to talk to each other for about five minutes before they hauled me away with 10 other prisoners who were charged as illegal aliens (from Mexico).
We were all handcuffed hands & feet and transported to the Christian county Jail Just South of Springfield. When we got there, we were all changed into prison uniforms and spent the night in the cell with about 35 other prisoners. All illegal aliens. I spend the night sleeping on a mattress on the floor. I had a blanket. It was a crowded cell.
We were all woken at 5am in the morning for a head count then given soap to wash with and razors for shaving. An hour later we were all given breakfast on a tray passed through the cell door. We all then sat around and relaxed until they came to get me at 10am that morning.
I was again put in chains and then taken to the Federal Courthouse where I was charged with criminal offense of posing as a U.S. citizen and obtaining a US passport through illegal means.
I was still in chains and then taken to the Greene County jail where I spent the next eight days until my release on Wednesday 17th September. The hearing on Wednesday had also set Friday 2pm 12th of September as initial day in court. That evening at 8:30 pm lawyer John Kiser came to Greene County Jail and we met for the first time. I was also able to call Ambassador Feturi at 4pm that same afternoon. He had called earlier to the jail looking for me.
The officers at the Greene County Jail treated me with respect even though every time I was out of the cell I was put in hand cuffs, body chains and leg chains.
The next day captain Clayton who was in charge came to my cell with LT. Howell and explained my situation. He explained that I was considered a flight risk and had to be put in hand cuffs chains and leg irons whenever I was out of my cell or being transported. He said the reason for this was I said I was going to try and escape when they handcuffed me in Springfield immigration office.
I told them this statement was untrue when I was handcuffed, I stated I had just finished reading a book about Houdini. The guard then said to me “if you try to escape I’ll shoot you”. I made no other comment and left it at that, I then told capt Clayton the guard has taken what I said out of context and never said I would try to escape.
They asked if I needed anything and I requested reading materials and I made a request also for a writing pad, envelopes, stamps, a pen, donuts, toothpaste and toothbrush from the prison commissary which they promptly supplied.
I was also able to talk on the telephone with ambassador Feturi who said he was flying from NYC to Springfield that evening and would see me the next morning. Also met with lawyer John Kizer that afternoon.
Friday morning 12 Sept 08 at 8:30am John Kizer and Ambassador Feturi came to visit me at the prison. Feturi and I spent almost one hour talking about my predicament, his contact with PM and Mose who were leaving for China and letters of Protest to State Department and to Dr Condaleeza Rice.
We also hoped for a quick solution to this. That afternoon I was taken to the courthouse where my 3 daughters Violette, Belle and Katrina were as well as ambassador Feturi.
It was good to see them at the courthouse. Representing me was Lawyer John Kiser. I was charged and the Lawyer said he will file a motion of defence. I was in shackles inside the courthouse and again transported back to jail and put in my cell.
About an hour later I was again put in handcuffs, leg irons and shackles and taken up to the visiting room where I spent half hour talking with my daughters they were very upset when they saw me chained up like this. I had a good visit with them and assured them I was alright. I left them at 5pm and returned to the cell.
I spent the whole weekend reading, resting, writing letters continuously to my family and of course praying for an early end to this bad experience. We are always awoken and served breakfast at 5am each morning, lunch is at 12 noon and dinner at 5pm.
About 8 or 9am Monday morning, I am taken to a conference room and met with sheriff Jack Merritt (who is the Greene county Sheriff and in charge of the Jail) and with capt Clayton.
This time I wasn’t handcuffed or put in chains. Sheriff Jack Merrit said they had met with my 3 daughters who were upset at the way I was being treated and if I promised him I wouldn’t try to escape, he will keep all that stuff off me. I promised him I wouldn’t and they no longer handcuffed me again until Wednesday, when I had to appear at the courthouse for bail. Met again with lawyer John Kizer and I was getting same old story.
Next afternoon, I met in jail with my two daughters Violette and Bella and my brother Kiso (August) who flew in the day before to help them with my case.
They had met the day before with immigration lawyers Michael and Raekha Crawford in Kansas City on my case and were hopeful to get me out on bail in next few days.
I again made contact with our Embassy in NYC. LT Howell was always kind enough to allow me the use of her office private phone to make my phone calls.
Even though the prison was not a place to be in Sheriff Merritt, Capt Clayton, LT Howell and all the other officers and guards treated me with respect and tried to make my unfortunate stay with them as comfortable as they can within the prison regulations.
Next day Wednesday immediately after lunch about 12:30pm, I was given notice to pack up all my prison gear I was to be escorted somewhere. I took all the blankets, sheets, bedding etc my prison clothes and turned it in for my civilian clothes they took away from me the day I was arrested.
I then was kept in a waiting room to await the U.S. Marshals who were to transport me. I only thought of two things. First, I will now be transferred again to a new jail in Kansas City, closer to the Immigration Court or I will be set free on bail.
I was kept there almost an hour before the two escorts showed up. LT. Howell checked several times to see how I was and wanted to know where I was going to be transferred to because she was never informed.
The Marshals told her I was going to the Federal Courthouse for the bail hearing with the Judge at 2 pm.
When I appeared before the judge, my lawyer was there and the District Attorney and Jack Barnhart was at the other table in the courtroom.
He set the provisions agreed to. First, bail of $100,000 was set and $10,000 to be paid before release. Two, I was to stay within the Western Half of Missouri plus some other conditions. Small - report once a week. Both sides agreed to it and I was released and the handcuffs were taken off me.
We went with Kiso and Bella to sign the conditions and to pay the $10,000 dollar. Well, I was finally free after spending eight days in jail.
I have so many friends and families to be thankful for in all their efforts to get me released and especially their love and support during these troubled times.
Their prayers – all our prayers – have been answered through our Heavenly Father’s infinite mercy in our time of need.
We hope this matter can be quickly resolved and I look forward to the day I can return to Samoa.
SincerelyBack
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