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No bail reduction for alleged burglar not new to the court system

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ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A 35-year-old man who was picked up pursuant to an arrest warrant from the court, on the allegation that he unlawfully entered the home of another family and stole several items is now charged with possession of illegal drugs.

The government has filed two separate criminal cases against Foleni Kalapu who is not new to the court system and made his initial appearance in District Court last week.

In the first case, Kalapu is charged with stealing and second degree burglary, both class C felonies, punishable by imprisonment of up to 7 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 a maximum of $20,000, or both such fine and imprisonment.

In the second case, he is charged with unlawful possession of marijuana, and unlawful possession of methamphetamine (meth) — both felonies. Bond is set at $15,000.

Kalapu’s attorney asked to reduce bail to $5,000 surety for both cases; but the prosecutor argued that Kalapu is not new to the court system, and his actions in these two cases show the type of person he is. She then asked that bail be maintained in both cases and the court agreed.

Preliminary examination is Friday next week.

THE CASE

On Feb. 20th, 2021, several police officers responded to a call from Iliili regarding a home allegedly burglarized by an unknown person. The woman who requested police assistance told cops that this is not the first time her parent’s house has been burglarized and several belongings stolen.

Two weeks later while investigators were conducting their investigation, the woman contacted the Tafuna Police Substation (TPS) and informed a senior police investigator that some of the power tools that were stolen were return to their family by a couple who claimed that a male friend of their son sold the tools to them.

Investigators interviewed the couple who returned the stolen tools to the family (victim). According to the couple, a man who is well known to their family as their son’s best friend came to them one week ago and sold them two power tools for $200. His name is Foleni Kalapu, the defendant in this matter.

Police also spoke to the couple’s son, who confirmed that his friend (defendant) came to their house and sold power tools to his parents. He further told police that the defendant also told him that the items were stolen from a house in Iliili and he was planning to burglarize the house again and steal more items so that the could sell the things he stole to get money to buy himself some drugs.

The defendant was apprehended by police at his girlfriend’s apartment last month after over two months of searching for him and was transported to the TPS for investigation. When questioned, the defendant allegedly admitted that he broke burglarized the victim’s home on the night of Feb. 20th. He further stated that some of the items he stole were sold to several people for money to buy beer and drugs for him and his friends.

The defendant also confirmed to investigators that he gave some of the stolen items to his best friend’s parents. He explained to investigators that his best friend had nothing to do with the burglary.

Prior to his arrest, Kalapu was search and during the pat down, two glass pipes containing a white crystalline substance, which later tested positive for meth was discovered inside the defendant’s rear pants pocket.

Cops also discovered a hand rolled marijuana joint hidden inside the defendant’s hat. The green leafy substance from the hand rolled cigarette tested positive for THC, the active ingredient in marijuana.

The defendant refused to speak to police regarding the drugs allegedly found in his possession.