Pago Pago, AMERICAN SAMOA — District Court Judge Elvis P. Patea found probable cause to bind the case against Wayne Talaleu to High Court, following a preliminary examination last week.

The defense had argued that no drugs were found on Talaleu but Judge Patea said it’s clear from the evidence that Talaleu was the one who handed a small baggie containing meth to a Confidential Informant (CI).

Talaleu, who is out on a $5,000 surety bond is charged with one count of unlawful possession of methamphetamine with intent to distribute; and one count of unlawful possession of methamphetamine.

The government called one witness during the PX: Det. Tafaovale, the lead investigator who testified that in the early part of this year, the DPS Vice & Narcotics Unit received numerous intel regarding a male known as “WISCO” selling meth from his Tafuna home.

WISCO was later identified as Tomasi Sione, an alias for Wayne Talaleu, the defendant.

Between June 21 and July 10, 2019, Tafaovale and Det. Foma’i conducted a controlled buy using a CI, to gather proof that Talaleu is involved in the drug trade.

Tafaovale said the CI they used for the controlled buy that day, is the same one who provides police with information regarding people selling drugs in the territory.

When asked whether he received any training on how to conduct an investigation involving drugs, or how to identify drugs including meth, Tafaovale said no, adding that his supervisors - seniors detectives at DPS - trained him on the job.

On the day of the controlled buy, Tafaovale and his supervisor asked the CI to call Talaleu and ask if he can buy $50 worth of meth from him. The conversation was on speaker so both cops were listening in.

When Talaleu answered, the CI asked to buy $50 worth of meth and Talaleu agreed, saying they could meet at the same spot they usually exchange drugs at. Talaleu told the CI that he was at his friend’s home, and he needed to go to his house to reload.

The CI used a marked — and photographed — $50 bill for the controlled buy.

Tafaovale and his supervisor were in a parked private vehicle not far from where Talaleu told the CI they could meet. Tafaovale said a truck pulled up next to the CI’s vehicle and a male, later identified as Talaleu, exited his vehicle, walked towards the CI’s vehicle, and gave the CI a small baggie in exchange for cash.

The CI then met up with police, and gave them the baggie containing a white crystalline substance which later tested positive for meth.

On cross examination, defense attorney Bob Stuart wanted to know why police asked the CI to be part of a controlled buy with his client. Tafaovale said police received info from several sources about Talaleu selling drugs from his home in Tafuna, and in the Vaitogi and Iliili areas, and some of the sources were people who bought drugs from Talaleu.

When Stuart asked Tafaovale if he actually saw Talaleu hand over the baggie containing meth to the CI, the witness said yes. “So, what is the name of your CI?” Stuart asked.

Prosecutor Laura Garvey objected and said the rules are clear, the name of the CI should not be revealed. Patea agreed and told Stuart 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,” Patea said. When Stuart asked Tafaovale whether they searched his client’s home for drugs after the controlled buy, Tafaovale said yes. According to Tafaovale, after the controlled buy, a search warrant for Talaleu’s home was issued and during the search, drugs were found.

(In a separate case, Talaleu is facing unlawful possession of methamphetamine and marijuana; unlawful possession of methamphetamine and marijuana with the intent to distribute; and weapons charges as a result of that search).

He will appear in High Court this morning for arraignment.