Pago Pago, AMERICAN SAMOA — The court, during the preliminary examination (PX) of 48-year-old Amiatu Taulafoga, accused of unlawful possession of drugs, held last week, has found probable cause to bind the case over to the High Court, despite strong opposition from the defense team, claiming that no drugs were found in Taulafoga’s possession.

The court however pointed out that it is clear from the evidence that he was the one who handed the small stamp-sized baggie containing meth to a Confidential Informant (CI) during an alleged exchange of cash and drugs.

The court also noted from the evidence that there were multiple alleged controlled buys involving the defendant and the CI, and all of these controlled buys allegedly involved cash and more drugs.

Taulafoga, who is out on a $15,000 surety bond is charged with one count of unlawful possession of a controlled substance (methamphetamine) with intent to distribute; and one count of unlawful possession of methamphetamine (meth); one count of unlawful possession of marijuana and one count of unlawful possession of marijuana with intent to distribute; all felonies, punishable by a term of imprisonment of up to 20 years, a fine of up to $20,000, or both.

The government called one witness, who is also the lead investigator, during the PX last week.

The government witness said that in the beginning of this year, the DPS Vice & Narcotics Unit received intel regarding a male by the name of “MAKA” selling meth from his Tafeta home and also on the street using his vehicle. Police were also informed that there were other male individuals helping out MAKA sell drugs from his home.

MAKA was later identified as Amy [Ami] Tau, an alias for Amiatu Taulafoga, the defendant in this case.

Between December 2020 and June 2021, the witness, along with another detective conducted a controlled buy using a CI in an effort to find proof that Taulafoga is involved in selling drugs from his home in Tafeta.

Detectives met with the CI at a confidential area where they were briefed by the CI regarding the information about MAKA’s drug operation.

The witness testified that the CI they used for the controlled buy that day is the one who provides police with information regarding people selling drugs in the territory. The CI was familiar with these illegal drug operations and he used to hang out with most of the people dealing drugs in the territory.

When asked whether he received any training on how to conduct an investigation regarding drugs, and how to identify illegal drugs including meth, the witness said no; however he noted that his supervisors, who are the senior detectives in the Department of Public Safety (DPS), trained him on the job and that he has been involved in investigating many cases involving illegal drugs.

There were several controlled buys initiated by the DPS. All of them involved Taulafoga, and followed a specific protocol, i.e. calling Taulafoga to set up the buy on speaker phone; checking that the CI and the vehicle he would be using was free of illegal drugs and contraband before the buy; marking and photographing the cash that would be used for the buy; and after the buy, with the drugs turned over by the CI to the police officers, the CI and his vehicle were once again searched for illegal drugs or contraband.

In all the buys, Taulafoga was noted as the person giving the drugs in exchange for cash. The drugs from each controlled buy were tested with results positive for either meth or THC, the active ingredient in marijuana, depending on which drug was bought at the time.

Under cross-examination, the defense attorney asked the witness why he asked the CI to be part of a controlled buy from his client. The government’s witness said they had received from several sources a lot of info claiming that Taulafoga was selling drugs from his home in Tafeta, and also in the area of Vaitogi and Iliili. Some of those sources were people who bought drugs from Taulafoga.

The government witness further stated to the defense attorney that the meeting between the CI and Taulafoga proved the CI’s account that Taulafoga is involved in selling illegal drugs from his home.

When the defense attorney asked the witness if he actually saw Taulafoga hand over the baggie containing meth to the CI, the witness replied, yes.

“So, what is the name of your CI?” the defense attorney asked the witness.

The government’s attorney objected and told the court the rules are clear, the name of the CI should not be revealed. The court agreed and told the defense attorney that the court doesn’t want to know the CI’s identity.

“This is a probable cause hearing. You can argue that motion in High Court,” the court told the defense attorney.

The defense attorney asked the witness whether they searched his client’s home for drugs after the controlled buy, the witness replied, yes. According to the witness, after the controlled buy, a search warrant for Taulafoga’s home was issued and during the search, drugs were found.

The court interrupted and told the defense attorney that the search of his client’s home is not before the court. He said the charges are based on the controlled buy, not the search.

Taulafoga entered a not guilty plea to the charges against him when he appeared in High Court last week for his arraignment.

His pretrial conference is now set for Jan. 16th, 2022.

THE FIRST CASE AGAINST LAFOGA

The government has also charged Taulafoga in a separate case, with these charges stemming from the search warrant executed on Taulafoga’s residence in Tafeta, following the controlled buy.

During the search, according to the government’s case, cops discovered drugs, weapons, paraphernalia and cash.

He is charged in this case 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; one count of unlawful possession of marijuana with the intent to distribute; all felonies, along with one count of unlawful possession of an unlicensed firearm; one count of unlawful possession of ammunitions, both misdemeanors.

Two co-defendants were arrested along with Taulafoga during the search and each of the two are also charged with violating local drug laws.

Bail for this case is $20,000, surety bond.