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Courts overrun with drug and alcohol cases

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ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — The driver of a vehicle pulled over by police officers for a traffic violation is now charged with violating local drug laws after cops discovered drugs in the vehicle and in his possession.

The driver, Siaopo Saipani made his initial appearance in District Court last month.

He’s charged with one count of unlawful possession of methamphetamine (meth) and one count of unlawful possession of meth with the intent to distribute, both unclassified felonies, punishable by not less than five years nor more than twenty years and a fine of not more than $20,000.

Bail is set at $15,000.

THE CASE

On Nov. 24th, 2021 around 2:50p.m, during a routine patrol near Faganeanea village, police observed a vehicle overtaking another vehicle. Officers pulled over the vehicle for a traffic stop.

During the stop, the driver presented an expired driver’s license, which led to the vehicle being impounded and the driver arrested and taken to the Central Police Station (CPS). It was while the vehicle was being driven by a police office to the CPS that a cut up straw sticking out of a black leather case was observed. The straw seemed to be a common cut up straw used to package small amounts of meth.

The officer asked the defendant what was inside the case, the defendant replied by giving the officer consent to look inside of the case. Upon opening the case, the officer allegedly discovered cash and illegal drugs. Officers immediately contacted CPS for assistance from Vice and Narcotics Division after the discovery.

Several police detectives responded to the call and immediately took over the case. When police detectives opened the black case, they discovered cash, a glass pipe, several cut up straws and a baggie containing a white crystalline substance. The defendant was then escorted into the CPS for questioning.

When the driver was patted down another baggie similar to the one inside the case was discovered. The baggie contained two cut up straws containing white crystalline substance.

All substances were tested and showed positive for meth.

The defendant was Mirandized and the defendant refused to give a statement regarding the illegal substance discovered in his possession.

TAFI LAVEA’I

The driver of a vehicle pulled over by police two weeks ago for a traffic violation was arrested and charged with violating local drug laws. The government alleges that on Nov. 28th, 2021 about 9:21p.m, two police officers patrolling the Tafuna public highway pulled over a black SUV for speeding and the driver was also not wearing a seatbelt.

Officers approached the driver and informed him of why he was stopped. The driver of the vehicle was later identified as Tafi Lavea’i, the defendant in this case.

Upon speaking with the defendant, the officer observed that the defendant had a red face and bloodshot eyes.

The officer then asked the man if he had been drinking and questioned him about how many drinks he had and what time he finished drinking. The defendant responded by saying that he only had two large bottles of beer and he had finished them an hour prior to the vehicle stop. The driver further told police that he didn’t want to do a field sobriety because he believed that he would fail the test.

Police informed Lavea’i that his vehicle would be impounded and he was also under arrest for driving under the influence of alcohol.

Before the defendant and his vehicle were transported to the Tafuna Police Substation for further investigation, police conducted a body search. During the search, police found a glass pipe containing white crystalline substance in the defendant’s right pocket.

An inventory search was conducted on the vehicle where police found what they believed was half a marijuana joint under the driver’s seat. When questioned about the illegal drugs found in his possession and also inside his vehicle, Lavea’i told police that the illegal drugs belonged to him. He told police that he got the glass pipe and one marijuana joint from a friend during a drinking session at the park in Tafuna.

Lavea’i made his initial appearance in court last month.

He is charged with one count of unlawful possession of meth and one count of unlawful possession of marijuana, both felonies.

Bail is set at $10,000.

ALEMA FULI

A man accused of violating local drug laws had asked the court to set his matter for trial.

Alema Fuli, who had been in custody since his arrest last year, unable to post $5,000 surety bond, appeared in court last month for his pretrial conference.

When his case was called, his defense attorney, Ryan Anderson informed 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.

The court accepted the defense’s request for a trial, however, the court also informed the defense that due to the COVID-19 restrictions, there are other options they must consider such as a bench trial instead of jury trial.

Fuli is charged with one count of unlawful possession of methamphetamine (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 Fuli 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 found by police inside his pants.

When questioned by investigators, Fuli admitted that the drugs belonged to him and that he bought it from another man living in Vaitogi. Fuli further stated to police that he always buys drugs from the man whenever he needs it.

MALAKI FAALELEIGA

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

If Malaki Faaleleiga 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.

Faaleleiga, who had been in custody unable to post his $5,000 surety bond appeared in court at the beginning of last month for sentencing, however, due to his outstanding traffic fine in District Court in the amount of $350, the High Court continued sentencing and ordered him to clear his outstanding traffic fine first before the court considers his sentencing.

Faaleleiga appeared in court last month for sentencing. This time, his defense attorney, Ryan Anderson informed the court that his client had paid his outstanding fine in full. It was confirmed by the government’s attorney.

After Faaleleiga apologized to the court, his defense attorney told the court that his client is truly remorseful for his actions and wanted to go home to seek and secure gainful employment to provide for his wife and 5 young children. Anderson then asked the court for a probated sentencing without any additional period of detention.

He said that his client has learned his lesson and he see a lot of improvement in his client’s behavior since he’s been in custody.

The prosecutor seconded Anderson’s request and asked the court to adopt the recommendation by the Probation office through the Pre Sentence Report (PSR).

After considering mitigating factors from both parties, along with the defendant’s statement, the court sentenced Faaleleiga 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.

He is to undertake a period of detention of 20 months without any release per norm, including serving 190 days forthwith and credited for the time he served while awaiting the outcome of his matter.

Faaleleiga is to be released for a period of 90 days in which he is to seek and secure gainful employment. The defendant was told that for sure the cannery is hiring and he must remember that family farming is not considered gainful employment.

If unable to get a job, he’s ordered back to jail to serve the balance of his detention. He’s also subject to usual probation restrictions, including ‘staying clean’. The court also ordered him to make sure to pay his $2,000 fine.

Faaleleiga is not to be considered by the Warden as a trustee, if he does go back to jail.

Of note, a traffic violation would also be considered another violation of conditions of his probation. Faaleleiga was originally stopped by traffic officers for driving a vehicle that had too many lights on the front end.