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Defense has yet to receive discovery in Taputimu drug bust case

American Samoa High Court building
Court grants another continuance
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — In the case of one of the co-defendants in the Taputimu drug bust who told police that he sold drugs to help support his family and help cover his mother’s medical bills was continued to next month, after Chief Justice Michael Kruse granted a motion by his attorney for another continuance.

Cody Wood, who is still in custody unable to post his $200,000 surety bond appeared in High Court last week for his pretrial conference.

He’s represented by private counsel William Olson of the RDA Law Firm, while Assistant Attorney General, Christy Dunn appeared on behalf of the government.

When the case was called, defense attorney Olson informed the court that they still haven’t received any discovery from the government.

Dunn informed the court that the government is still waiting for the police report along with the results for drugs that were sent off island for testing. Once the government receives the evidence and the police report, discovery will then be turned over to the defense.

In the meantime, the defense is still waiting for discovery before they can made a determination what type of motions they need to file regarding this matter.

Despite the fact that this case was filed in Nov. 2017, Samoa News was only able to obtain a copy of the affidavit last week.

AFFIDAVIT

The government claims that it was in May of last year when a confidential informant (CI) told Vice & Narcotics detectives that a male by the name of Steven Tuato’o from Alofau was involved in the alleged distribution of marijuana and methamphetamine along with a male by the name of Cody Wood from Taputimu, and a taxi driver named Taisia Lemalie. (The three men who were arrested during the November raids.)

The CI told police that Tuato’o has allegedly been involved in the drug trade since 2015 while he was still a police officer. It was at the beginning of 2017 when the CI witnessed Tuatoo allegedly smoking meth with some people at a party. Later that evening, the CI saw Tuatoo driving to Taputimu to the Wood residence to get some more ice (meth).

In Aug. 2017, the CI again informed police that Tuato’o was allegedly selling ice he got from Wood in Taputimu. The CI witnessed Tuato’o at Wood’s residence in Taputimu getting his reload (new load of meth for sale).

On Nov. 03 2017, a search warrant was requested through the Attorney General’s Office and issued by the District Court on the same date.

On Nov. 09, 2017 around 6:00a.m, detectives of the Vice & Narcotics Unit along with several police officers executed the search warrant for all three defendants in this case.

Wood was approached by several police officers at his place of employment in Futiga where Wood was an ASPA security guard, and he was informed about the purposed search.

Wood who seemed very surprised at the visit complied with a search of his body and also his car for drugs, etc. Wood was also informed that he was in police custody for suspicion of unlawful possession of a controlled substance and that for their safety he was going to be placed in handcuffs.

No drugs were found in Wood’s vehicle, however, $495.50 was discovered by police inside his pants pocket when his body was searched. The search was then continued at his home in Taputimu.

The government claims that as police officers approached Wood’s home in Taputimu, the defendant allegedly confessed to the leader of the Vice & Narcotics Unit and stated that he would show them everything, meaning drugs and guns if they could be easy on his mother when conducting the search at his home because his mother was bedridden.

Around 6:30a.m. on the same date, police officers arrived at Wood’s residence in Taputimu and started searching his home. Upon arriving at the defendant’s home, police officers observed an unknown male individual inside an unoccupied wooden structure (shack) on Wood’s property.

Officers immediately seized the unknown male and secured him a distance away from Wood’s home. A body search was conducted on the unknown male individual and police officers discovered what appeared to be a clear glass pipe commonly used to smoke ice inside his left shorts pocket, along with an empty mini M & M’s bottle with four single long Kool cigarettes and two lighters. The male individual was later identified as Seafa Seafa from the village of Amaluia.

Upon entering the defendant’s home, officers discovered two occupants at the time of entry. The defendant’s elderly mother and his male cousin. Both parties were immediately escorted to the living room area as police officers searched the rooms in Wood’s home.

Inside Wood’s bedroom, police officers discovered $52,508.21 in cash inside two steel black cases that were inside the defendant’s dresser, along with 15 baggies of crystalline substance and 3 baggies of green leafy substances. The street value of drugs discovered was estimated up to $100,000.

Also discovered inside Wood’s bedroom was one loaded 12 gage shotgun and a loaded 357 Magnum Revolver along with shotgun and revolver ammunition. There was also paraphernalia discovered in different areas of Wood’s bedroom such as empty zipped baggies ranging from size extra small to medium sizes.

In one of the baggies, officers discovered what appeared to be tiny green leafy substances. There were also various different styles of knives in one of the drawers inside the defendant’s bedroom.

The search was then moved to the living room and the kitchen. In searching the living room, police officers discovered a loaded Daisy pellet gun along with two cans of Daisy pellets. In the kitchen, police officer discovered a black backpack with $60.91 inside along with paraphernalia.

Nothing was found when police searched the defendant’s other vehicle.

The search continued within the scope of the search warrant including the area surrounding the house, where seven marijuana plants were discovered at a plantation adjacent to the house about 90 feet from the comer of the garage. These marijuana plants ranging from 23 to 32 inches high were uprooted and confiscated for evidence.

After being warned of his Constitutional Rights by one of the police officers, regarding drugs allegedly found in his room and the marijuana plants found in the plantation, defendant nodded his head up and down acknowledging that he understood.

The crystalline substance that was allegedly found inside the defendant’s bedroom was tested and the result was positive for methamphetamine. The green leafy substance, which also found in the house and the marijuana plants that were found in the plantation were also tested, and the result was positive for marijuana.

According to the report, Wood understood his rights and wished to make a written statement about the matter.

In his statement, Wood stated to police that he started selling marijuana in Feb. 2015 to help support his family, as time went on and family bills began to increase, he started to sell crystal methamphetamine. He did it to help cover his mother’s medical bills. He further stated to police that he did what he had to do to support his family. He also told police that he owned everything allegedly found at his residence and that includes the methamphetamine and marijuana.