Pago Pago, AMERICAN SAMOA — The first criminal case involving the unlawful possession of cocaine has been bound over to the local High Court, after Acting Associate Justice Elvis P. Patea found probable cause to support the charges against each of two defendants, while the second charge of unlawful possession of cocaine with the intent to distribute was dismissed after the court did not find probable cause, during a preliminary examination (PX) last week.

Despite sworn testimony from the government’s only witness that the cocaine allegedly found on both defendants was inconsistent with an amount for personal use, defense attorneys argued that government failed to present to the court any physical evidence to support their allegation.

Matavale Fiu and Gaisoa Mapo appeared in High Court last Friday for arraignment where they entered a not guilty plea to the single charge against each of them. Pretrial conference is scheduled for Friday, Oct. 30, 2020.

Both Fiu and Mapo were each released on a $15,000 surety bond.

Prosecuting the case is Assistant Attorney General, Laura Garvey while Fiu is represented by Assistant Public Defender, Ryan Anderson while Mapo is represented by private attorney Marcellus Talaimalo Uiagalelei.

During court proceedings last Wednesday afternoon, prosecutor Garvey called one witness, DPS Vice & Narcotics Cop. Levi Tafaovale, who is also the lead investigator in this matter.

In his testimony, Tafaovale said that he was on call on the night of July 25th, 2020 when he received a call from a patrol officer who informed him about an incident where drugs were allegedly discovered during a traffic stop in the Tafuna area.

Tafaovale went to the Tafuna Police Substation (TPS) along with a police sergeant to investigate and they were briefed by police officers who were at the scene where the traffic stop occurred.

PATROL OFFICERS STATEMENT

According to the patrol officers, they observed a vehicle overtaking cars at the Ottoville intersection near the old Argosy building in the Tafuna area. They initiated traffic stop near the Bluesky Cable compound in Iliili, while another police unit with several police officers followed behind to assist.

Officers approached the driver of the vehicle who was identified as Alesana Tipi. Three other male individuals were also inside the vehicle with Tipi. It was found the driver did not possess a driver’s license after a check of the OMV system.

Tafaovale stated that according to the officers who were at the scene, while two officers were dealing with the driver, several officers noticed that a passenger in the back, behind the driver’s seat, kept moving around. One of the police officers instructed the passenger to exit the vehicle.

As the passenger exited the vehicle, a police officer recognized him as Matavale Fiu (one of the co-defendants in this matter) from a previous matter. Fiu was detained while officers checked for any outstanding warrants.

There were two other passengers in the vehicle who were also detained by officers for a short period of time, but later released.

During the traffic stop, two male individuals approached the scene and walked over to the location. They were later identified as Elijah Leasau and Gaisoa Mapo (the other co-defendant in this matter), who told officers that they are very good friends of the four men.

Defendant Mapo asked the officers if he could talk to Fiu, who was awaiting the results of an active warrant check. Officers allowed Mapo to talk to defendant Fiu who was not under arrest at the time.

As Mapo and Fiu were talking, one of the officers observed Mapo allegedly tapping on Fiu’s chest. The officer further observed Mapo acquire an item from Fiu. As Mapo was stepping away from Fiu, the same officer observed a plastic baggie in Mapo’s hand. The officer then asked Mapo what he was holding in his hand, but Mapo refused to show him.

The officer told investigators, it was at that time that Mapo stuck the item in his pocket. The officer then detained Mapo and later transported him (Mapo) along with Fiu to the Tafuna Police Station (TPS) for further investigation.

Upon arrival at the TPS, the same officer who had detained Mapo and Fiu informed a police lieutenant of the circumstances at the scene that led to the detention of Fiu and Mapo.

The police lieutenant then asked Mapo to empty his pockets. As Mapo removed his belongings a baggie containing white powder fell out from his pocket. Officers also found a black cut up straw used as a scoop.

The items were seized by officers who asked Mapo what it was and who did it belong to, however, Mapo made no reply and was later released.

As for Fiu’s matter, Officers also inquired about the items found on Mapo who stated he found it at a bar earlier. When asked if he knew what was in the baggie, Fiu stated it was drugs.

Fiu was released later that night.

Leasau also came to the TPS in his own private vehicle, and apparently during a conversation with officers outside the Substation awaiting his friends, he told officers that he had already talked to Fiu regarding the illegal drugs and Fiu admitted to him that he owned the stuff that was found on Mapo.

The witness said that the powder inside the baggie was tested by Lt. Abel Penitusi and himself and the results were positive for cocaine.

Prosecutor Garvey asked the witness what cocaine is made of and the witness said, cocaine is made of a coca plant leaves found in South America. To make cocaine stronger, the witness stated that a person can add chemicals.

CROSS EXAMINATION BY UIAGALELEI

During cross examination, defense attorney for Mapo followed up on the prosecutor’s question and asked the witness to tell the court what chemicals a person can add to the cocaine. The witness replied that a person can add gas, kerosene, sulphur, etc.

(Samoa News should clarify that cocaine is usually ‘cut’ in order to make it go further, which also dilutes its strength. Usual substances used to ‘cut’ cocaine are levamisole, phenacetin and paracetamol, close relatives of the pain reliever acetaminophen; and hydroxyzine and diltiazem, which are blood pressure medications.)

When the witness was asked how he came up with the results that the powder allegedly found during the traffic stop was cocaine, Tafaovale said he used a test kit.

“To test for marijuana, you have to test for THC (Tetrahydrocannabinol) element. What ingredient did you test for to confirm that this is cocaine?” Uiagalelei asked the witness.

The witness replied, “I can’t answer that question counsel.” He added that there are different test kits used to test for marijuana, methamphetamine and cocaine.

Uiagalelei asked, “How much do you require in order to test for cocaine?”

The witness replied, “Just a small amount in the scoop.”

“So, how did you know it was cocaine?” Uiagalelei asked the witness.

The witness replied, “Based on my training, the powder that was allegedly found was cocaine. The witness further stated that the items seized from Mapo included a baggie containing white powder and one cut up straw.

When asked about the size of the baggie, the witness said the baggie was two inches big and the amount of white powder inside was a quarter empty. The witness also stated that he did not interview Mapo.

Defense attorney for Fiu, Anderson, asked the witness whether he found any other baggies on Fiu. He said, no.

“Did you find anything else on Fiu such as cash, paraphernalia, scales, straws or any other items to prove that he’s involved in selling drugs?” Anderson asked.  The witness replied, “No”.

When asked about the amount for personal use, the witness said that one or two stamp sized baggies is considered for personal use. More than that amount is for distribution.

Patea asked the witness about how many stamp sized baggie he could fill from the cocaine that was allegedly found from this case. The witness replied, “about 50.”

FINAL ARGUMENT & COURT DECISION

Defense attorneys argued that the government failed to present evidence to prove that both defendants were involved in distributing illegal drugs.

Uiagalelei said that the government’s witness has no personal experience with the ingredients of cocaine, nor did he know whether the arresting officers seized any additional items such as cash, straws or baggies. There was no significant amount of money to support the charge of unlawful possession with intent to distribute.

After hearing evidence in the case, the court found probable cause to bind over the charge of unlawful possession of cocaine to High Court, however, the count did not find probable cause to bind over the charge of unlawful possession of cocaine with intent to distribute.