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Taxi driver who took a plea in Tafuna drug case sentenced

American Samoa High Court building
He’s to serve 20 months before deportation; co-defendants await trials
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — One of the co-defendants in the Tafuna drug cases from last year has been ordered by the High Court to serve 20 months at the TCF and thereafter, he is to depart the territory and remain outside of its borders until his 5-year probation term is over.

Talosaga Lemisio, 42, was a taxi driver when he was arrested during the early morning hours of Apr. 8, 2020 pursuant to an arrest warrant from the court.

He was initially charged with one count of unlawful possession of a controlled substance, to wit; methamphetamine (meth), and one count of unlawful possession of marijuana, both unclassified felonies, punishable by not less than five years or more than ten years in jail, and a fine of not less than $5,000 or more than $20,000 or both.

But under a plea agreement with the government, Lemisio pled guilty to the amended count of unlawful possession of meth, a class D felony, punishable by not more than 5 years in jail and a fine of not more than $5,000 or both.

Lemisio, who has been in custody since his arrest, unable to post a $10,000 surety bond appeared in court last week for sentencing.

When given the chance to address the court, Lemisio apologized to the court and the American Samoa Government for his actions and begged for forgiveness saying that he disrespected the laws of the land by violating local drug laws last year when cops discovered illegal drugs inside his vehicle when he was arrested.

“I’m a bad person and I know that my actions were not according to the law. Spending 13 months in prison was not a good thing for me, but throughout this whole ordeal, I have learned a lot of good lessons which will help with my life as I move forward to becoming a better person,” Lemisio said. He then asked the court for a second chance so he can return home to care for his family and move on with his life.

His attorney asked the court to adopt the Probation Office’s recommendation, and sentence his client to 5 years probation. He said his client has shown true remorse for what he did, and he has spent almost 13 months behind bars awaiting his sentence. He also asked the court to sentence his client to time served.

The prosecutor said the government has already entered into a plea agreement with the defendant and they will leave sentencing up to the court.

Before delivering its decision, the court wanted to know who owned the taxi the defendant was driving when he was arrested.

The government’s attorney said she did not have an answer. She said that according to the information she received, the taxi “belonged to somebody else,” and the defendant was working as a taxi driver for the taxi owner.

The court also wanted to know why Lemisio was operating a taxi when according to the Probation Pre Sentence Report (PSR), his immigration status expired in 2018

Again, the government did not have an answer.

Lemisio was arrested last April when cops executed a search warrant on a house in Tafuna.

The court referred to the PSR and said it appears that Lemesio was operating a taxi illegally, as he did not have a valid immigration ID, and told the government attorney to look into the case, because the defendant was operating an illegal taxi business when his immigration ID had expired almost 3 years ago.

The court added that the case against the defendant is very serious and he also played a key role in it.

According to the court, Lemisio, also known as “Shake”, was one of 3 individuals whose names were included in a search warrant signed by the court late last year. The other two were Talifa Ama and William Filipo.

The court affidavit notes that Lemisio was driving a taxi when he was stopped by police and escorted to the DPS station for investigation. Lemisio refused to cooperate with police when he was first instructed to step outside of his vehicle. However, after further confrontation with police, Lemisio finally complied and was later transported to the Tafuna Police Substation (TPS) for further investigation.

When police searched the defendant’s vehicle, they discovered two glass pipes commonly used to smoke meth, containing white crystalline substance on the floor of the passenger side; two cut up straws containing white crystalline substance; a white striped cut up straw, and two scissors and a white small scale.

Lemalie was sentenced to 5 years under certain conditions.

He has to serve 20 months — without release — at the Territorial Correctional Facility (TCF). Upon serving his period of detention, he is to depart the territory and remain outside of its borders for the entire term of his probation. While at TCF, he is not eligible for trustee status.

He is also ordered to pay a $2,000 fine.

The court told the government’s attorney to find the sponsor to pay for the defendant’s fine.

The court also ordered that a certified copy of the court's judgment be served to the Chief Immigration Officer to ensure the defendant’s name is on their lookout list.

BACKGROUND

Lemisio was arrested on Apr. 8, 2020 pursuant to a search warrant signed by the court. When questioned by police, Lemisio said the stuff found inside his taxi did not belong to him. He claimed that the meth pipe probably belonged to a passenger who rode in his car. Later on during the interview, Lemisio changed his statement and told investigators that the drugs belong to the passenger while other items found in the vehicle such as the scissors, which he said he used to cut his mustache, and the small white scale belonged to him.

He also stated that he drives a lot of people who do drugs and he also helped one of the co-defendants, Ama to pick up money from people, and Ama would sometimes ride in his taxi to run errands.

As a condition of his plea agreement with the government, Lemisio has agreed to testify truthfully during the trial of two of his co-defendants: Ama and Filipo.

Ama, who is still in custody unable to post a $20,000 surety bond is scheduled to go to trial next year. Filipo, who is also in custody unable to post a $15,000 surety bond is scheduled to go to trial at the beginning of 2024.

Both Ama and Filipo are each charged with unlawful distribution of meth, unlawful possession of meth, and unlawful possession of marijuana, all felonies.