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Court Report: Drugs and alcohol contributing factors in cases before the courts

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ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A man who was released on bond awaiting the outcome in High Court where he’s charged with violating local drugs is now back in custody after he was arrested last week pursuant to a bench warrant from the court.

Fineaso Alefosio appeared in court last week for his initial appearance.

According to the court, one of the conditions of release for Alefosio was to make all of his court appearances. Alefosio failed to appear in court last month for his pretrial conference. As a result, the court issued a bench warrant which he was served when he went to visit the Probation Office last week. He was immediately taken into custody to await his initial appearance last week.

The defense attorney informed the court that he’s also aware that there is a pending motion to revoke bond against his client before the court. He then asked that a hearing date be set for next month.

BACKGROUND

Alefosio is charged with one count each of illegal possession of marijuana and illegal possession of methamphetamine (meth), both felonies. Bail was set at $10,000.

The charges against Alefosio stem from an incident after he was pulled over for a traffic violation and drugs were allegedly found in his vehicle.

ALESANA IOANE

A 32-year-old man who is on probation for 12 months was arrested last month on the allegation that he assaulted a man while he was intoxicated.

Alex Ioane made his initial appearance last month. He is charged with 3rd- degree assault, trespass, resisting arrest, and public peace disturbance — all misdemeanors.

During his initial appearance, the court established Ioane’s bond at $1,000.

Ioane is accused of unlawfully walking onto another family’s land and allegedly assaulting a man by punching him in the face multiple times while he (Ioane) was intoxicated.

According to the victim’s wife, Ioane became upset when her husband accused him (Ioane) of stealing from their plantation. The victim’s wife told investigators that it was another family member who informed them about Ioane’s actions, which caused her husband to confront Ioane and ask him why he stole taro and bananas from their plantation.

Last month while Ioane was drinking beer behind his house, he allegedly saw the victim and his wife working on their plantation. He then waited until the victim went to his house before he walked over, forcibly entered the home, and allegedly assaulted the victim.

In August of last year, Ioane was convicted of 3rd- degree assault and endangering the welfare of a child, both class A misdemeanors. He was placed on probation for 12 months subject to conditions including not consuming any alcohol or possessing any illegal drugs, and he is to attend and complete an alcohol counseling program.

He was also ordered to be law abiding and to keep the peace with his neighbor. The court ordered Sulu to serve a period of detention of 150 days and to pay a fine of $100.

Ioane is scheduled to appear in court on Dec. 16 for his pretrial conference in this new case.

FRANK LAUTELE

A man accused of violating local drug laws had asked the court to set his matter for trial. Frank Lautele, who had been in custody since his arrest last year, unable to post a $5,000 surety bond, appeared in court last month for his pretrial conference.

When his case was called, his defense attorney informed that the court that they received discovery and an offer from the government, however, after reviewing it, his client wishes to exercise his rights to a jury trial.

Lautele is charged with one count of unlawful possession of meth, a felony, punishable by imprisonment of not less than five nor more than 10 years, a fine of not less than $5,000 nor more than $20,000, or both.

The charge against Lautele stems from an incident when police arrested him and another man for disturbing the public peace. During a pat down, a small baggie containing meth was allegedly found by police inside his pants.

MIKA FAAMANU

A father convicted of unlawful possession of illegal drugs was released from the Territorial Correctional Facility (TCF) for 90 days to seek and secure gainful employment.

If Mika Faamanu is unable to secure gainful employment, the court ordered him to report back to the TCF to serve the remaining balance of his period of detention.

Faamanu appeared in court last week for sentencing, after paying his outstanding traffic fines ($370) in full. The prosecutor confirmed it.

When given the chance to address the court, Faamanu apologized for his actions and begged to the court for a second chance to return home to provide for his family — especially his wife and three young children.

The defense asked the court for a probated sentence without any additional period of detention and the prosecutor seconded request and asked the court to adopt the recommendation by Probation as stated in the Pre Sentence Report (PSR).

After considering mitigating factors from both parties, along with the defendant’s statement, the court sentenced Seumanu to 5 years imprisonment and a fine of $2,000. Execution of the sentence was suspended and he was placed on probation for 5 years subject to several conditions.

Seumanu shall serve 180 days forthwith, and he be credited for the time he served while awaiting the outcome of his matter.

In addition, the defendant shall be released for a period of 90 days in which time he shall secure and seek gainful employment.

If Seumanu is unable to secure gainful employment, the court ordered him to report back to the TCF and serve the rest of his detention. The court also ordered him to make sure to pay his $2,000 fine.

He is also subject to the usual probation restrictions, including submitting himself for testing to make sure he’s in compliance with the stay clean order.

If he’s going to report back to the TCF to serve the balance of his detention, Seumanu is not to be considered by the Warden as a trustee.

He was further told that getting another traffic ticket would be considered as another violation of conditions of his probation.

ANESI FILISI

District Court has found probable cause to bind over to High Court, the government’s case against Anesi Filisi, who is expected to enter a ‘not guilty’ plea at this Wednesday at arraignment.

Filisi, who is still in custody, unable to post a $20,000 surety bond, is charged with one count of unlawful possession of meth; one count of unlawful possession of meth with the intent to distribute; one count of unlawful possession of marijuana; and one count of unlawful possession of marijuana with the intent to distribute — all felonies.

During the preliminary examination last week, the government’s only witness testified that drugs were found in a vehicle during a traffic stop — speeding — in Vaitogi last month.

Filisi was driving and the two passengers were adult females. All three were instructed to step out of the vehicle and according to the government’s witness, Filisi became disorderly and refused to comply with instructions when cops were trying to carry out a body search and when he was asked to take a Standardized Field Sobriety test.

During pat down, a small sized baggie full of a green leafy substance was found; while an inventory of the vehicle netted a white container under the driver’s seat with several medium sized baggies, one of which contained small stamp-sized baggies with a green leafy substance. Several small baggies with a white crystalline substance.

Cops also found a bag belonging to the female who was riding in the back seat of the vehicle. In the bag was a photo ID and a glass pipe containing a huge amount of a white crystalline substance. Both females were patted down — nothing was found on them.

The government’s witness said Filisi and one of the females were taken into custody for questioning, while the female who was sitting in the passenger seat was released at the scene.

During questioning, Filisi refused to talk. He was then booked and transferred to the TCF. The female agreed to speak with investigators regarding the drugs that allegedly were found inside the bag containing her photo ID.

She told investigators that Filisi is her boyfriend and drugs and paraphernalia allegedly found inside the vehicle and the bag — all belong to Filisi. She further stated to investigators that she advised Filisi numerous times about his drug problem and that he needs to stop before something bad happens to him.

According to the female’s statement to police, they had just returned from Vaitogi where Filisi purchased drugs from a man named “SEPI” with $300. They were on their way to Filisi’s home when police pulled over their vehicle for speeding.

The female further stated to investigators that she had nothing to do with the drugs found inside Filisi’s vehicle. After being interviewed by investigators, she was then released.

The white crystalline substance and the green leafy substance allegedly discovered on the suspect and in the vehicle tested positive for meth and marijuana, respectively.

Based on his training and experience, the government’s witness testified that the drugs found in Filisi possession and in the vehicle were not for personal use, but for sale.