Pago Pago, AMERICAN SAMOA — Sonny Mika Kelemete, who was released on a $30,000 surety bond, is now in custody pursuant to a court order.

Kelemete, 60, convicted of unlawful possession of methamphetamine and unlawful possession of methamphetamine with the intent to distribute, appeared in High Court this week for sentencing, which is now continued to Oct. 4th.

When Kelemete’s case was called, defense attorney, Assistant Public Defender Rob McNeill told the court that they are not opposed to the motion by Probation to continue sentencing for his client, because the Pre Sentence Report (PSR) is not ready.

He said Kelemete has a serious health problem and that’s why Probation was unable to locate him — he was busy visiting his doctor and undergoing health check-ups.

While McNeill was trying to explain, Chief Justice Michael Kruse broke in and asked where his client was. “There is no Pre Sentence Report (PSR) because Probation was unable to locate your client. Where was he?” Kruse asked McNeill.

The defense attorney looked at his client who was sitting next to him.

“Counsel, look at me, don’t look at your client. Your client has been playing games with this court since his first case, and he’s not going to get away with it this time,” Kruse said to McNeill.

Kruse wanted to know whether Kelemete complied with the court’s order, that he sign in at the Public Defender’s Office every Monday.

McNeill said he didn’t know.

“We have no time for your client’s games,” Kruse told McNeill.

He then granted the motion by Probation to continue sentencing until Oct. 4th but informed McNeill that his client will be held in custody until he provides to the court proof of his doctor’s visits.

Kruse told Kelemete that he has until this Friday to provide proof that he was sick and went to see his doctor. The court wants to see medical documents detailing dates and times of Kelemete’s hospital visits.

The CJ reminded McNeill that this is the same excuse his office provided to the court when Kelemete failed to appear in court earlier this year in June. “If we don’t get this information by Friday of this week, we will see you on Oct. 4th for sentencing,” Kruse told Kelemete.
 

BACKGROUND

Kelemete, who was released on a $30,000 surety bond was charged in two separate cases.

In the first case, he was charged with one count of unlawful possession of meth with the intent to distribute, a felony; and one count of unlawful possession of a firearm, a class A misdemeanor.

For the second case, he was charged with one count of unlawful possession of meth with the intent to distribute; and one count of unlawful possession of meth — both felonies.

But under a global plea agreement accepted by the court, Kelemete pled guilty in the first case to the amended count of unlawful possession of meth; and unlawful possession of meth with the intent to distribute in the second case.

Kelemete admits that on July 07, 2017 he had in his possession a small stamp-sized baggie containing meth when cops pulled him over during a traffic stop; and on Sept. 05, 2017 he had on him 9 small stamp-sized baggies containing meth, intended for distribution.

The defendant was first charged with unlawful possession of drugs and a firearm, after cops found drugs and a weapon inside his vehicle. He was released on a $5,000 surety bond after his initial appearance in District Court. Two months later, he was pulled over again in Iliili. This time, for a loud muffler.

A canine alerted to the driver’s side door, giving police probable cause to search the vehicle and Kelemete. During a body search, cops found 9 small baggies inside Kelemete’s pants pocket with a white substance that tested positive for meth, along with several empty baggies and $90 cash.