Pago Pago, AMERICAN SAMOA — The case of one of the four defendants in the copper wire theft ring, which was continued by the High Court from last month due to the defendant’s illegal immigration status was heard before Associate Justice Fiti Sunia this week.

The defendant, Theresa Samata-Ala, a mother of six was released from custody this Tuesday after the Court decided that the 430 days she served at the Territorial Correctional Facility (TCF) while awaiting the outcome of her case is enough detention in this case.

Samata-Ala, who has been in custody since her arrest last year appeared in High Court this week for sentencing.

She was initially charged with one count of stealing, a class C felony punishable by up to seven years, a $5,000 fine, or pursuant to A.S.C.A 46.2101, a fine equal to twice the amount of gain from the commission of said crime, up to maximum of $20,000, or both such fine and imprisonment.

However, under a plea agreement with the government accepted by the court, the defendant changed her plea to the amended charge of aiding and abetting another person to commit the crime of stealing, a class D felony, punishable by terms of imprisonment of up to 5 years, a fine of up to $5,000, or both.

By her guilty plea, Samata-Ala admits that between January to February 2020, she assisted another person to steal copper wire and sell it to a man to get money to buy drugs.

Samata-Ala’s case was continued from last month after the court granted a motion from the defendant’s defense attorney for more time so that he can work out with the government’s attorney, along with his client’s sponsor and spouse — a chance to fix Samata-Ala’s illegal immigration status and get her a valid immigration identification (ID).

Defense attorney, Ryan Anderson told the court at the previous hearing that the only thing the defense side is interested in is to know whether immigration is going to renew his client’s immigration status or not.

Sunia said that the court only releases someone from custody if that person’s papers are in the process before the Immigration Board.

This defendant’s case is different. Nothing from either party confirms that there is any petition before the Immigration Board to renew her immigration status.

From the court’s perspective, based on immigration laws, the court will not release anyone from custody if that person is an illegal alien. The court further stated that if defense is asking the court for a probated sentence, that’s not going to happen based on the defendant’s immigration status. However, if the government asks to order the defendant to depart, the court will review it.

Sunia informed both parties during the previous hearing that the only information before the court is the defendant’s conviction and illegal immigration status.

When Samata-Ala’s case was called in court this week, Sunia acknowledged receiving a motion by Anderson to release his client from custody. When asked about the purpose of his motion to release his client, Anderson informed the court that the issue concerning his client’s immigration status has been resolved and Samata-Ala is  carrying a valid immigration ID which expires June 22, 2022.

Anderson asked the court to consider a probated sentence for his client without further period of detention. He said his client has taken full responsibility for her action and she’s truly remorseful for what she did. Furthermore, Anderson asked the court to release his client from custody and credit her for the time she already served during her pretrial detention, which was 430 days.

When given a chance to speak, Samata Ala told the court that she’s truly remorseful for what she did and she wants to go home to be with her family.

Prosecutor, Kristine Soule echoed the defense’s submission saying that she fully supported the recommendation by the Pre Sentence Report (PSR) not to impose further detention. She further stated that the defendant’s husband, who was just released from the Territorial Correctional Facility (TCF) on March 3rd is the sponsor.

The prosecutor also asked the court to order the defendant to pay restitution in the amount of $300 for the 150 feet of copper wire that was stolen as a result of her actions.

In delivering his decision, Sunia said that the defendant’s conviction stemmed from an incident where she participated as a driver in an act where other individuals allegedly cutting copper wire from telephone utility pole and sold it for money. The court stated that according to the Pre Sentence Report (PSR), the defendant is a high school graduate, married to a US National with six young children.  She also has a criminal record in District Court where she was convicted of misdemeanor stealing and sentenced to two years probation.

Her probation expired in June 2019, roughly a year before she was arrested and charged for her role in the copper wire stealing case.

Considering that the defendant’s immigration status is now renewed and her immigration ID is current through June 2022, the court then sentenced Samata-Ala to a term of imprisonment of 7 years and a fine of $2,000. Execution of term of imprisonment was suspended and the defendant was placed on probation for a period of 5 years subject to several conditions from the court.

She is to serve a period of detention of 20 months. She will be credited for the 430 days she already served while awaiting the outcome of her sentencing, and the balance of detention was stayed until further order of the court. She is to pay a fine of $2,000 within one year of probation. The Court didn’t order restitution.

Sunia said that just because ASPA (American Samoa Power Authority) says that 150 feet of copper wire is $300 that doesn’t mean $300 is the cost of 150 ft of copper wire.

He reminded the defendant that the court took time to work together with counsels in the struggle to fix her immigration status because the only alternative that was left for her would have been to depart the territory.

“However, the court decided to work with counsels for only two main reasons; your immigration status is your husband’s responsibility and the two of you have 6 children that the two of you need to care for, otherwise, there is no reason for you to remain in American Samoa,” the court told the defendant.

The court also made it clear to the defendant that if she violates any conditions of her probation, there will be no more chances for her.

The court said that according to the PSR, the stolen copper wire was sold to buy drugs and the court understands the effect of these drugs on people’s lives. The court pointed out to the defendant that she should strongly consider the effect drugs can have on continuing to remain in American Samoa and the effect drugs can have on her children.

“Violate any conditions and we will have a different discussion and that will include departure from American Samoa — no matter if you have a valid ID.”

Chief Associate Judge Mamea Sala Jr and Associate Judge Tunupopo A. Tunupopo assisted Sunia on the bench.

BACKGROUND

Samata-Ala, along with three co-defendants including Fetaia’i Tuigamala; Lologa Tuilagi Toilolo and Tevita Ati were arrested as a result of an ongoing  investigation conducted by a special DPS Task Force into a string of burglary cases in Leone and other villages involving the theft of Triplex copper electricity wires owned by the American Samoa Power Authority (ASPA).

Samata-Ala was informed by her three co-defendants about the copper wire operation was to get money for meth. Samata-Ala agreed to participate and told her co-defendants that “she was up for it.”

The three men and their female friend, Samata-Ala then went to an abandoned home in Vaitogi where F.L allegedly cut the copper electricity wire from the outside panel of the house and later cut the other end from the utility pole. They then immediately left the area to avoid being seen and sold the 25 ft long stolen copper wire for $35. The money was used to buy methamphetamine, according to court documents.