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Fono employee arrested for failing to comply with conditions of his probation

Perenise Taala
Tested positive for for methamphetamine — ‘ice’
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A Fono employee was arrested again this week on the allegation that he failed to comply with conditions of his 5-year probation which was given out by the High Court four years ago.

Perenise Taala made his initial appearance in High Court yesterday morning before Acting Associate Justice Elvis P. Patea, pursuant to an arrest warrant issued by the court to arrest him.

He was represented by Public Defender Michael White, while prosecuting the case was Assistant Attorney General Christy Dunn.

Court record stated that on Oct. 29, 2018 around 9:00 a.m, a Probation officer administered a drug test on Taala, when he came for his monthly visit to the District Court.

The result of the drug test was that, Taala tested positive for methamphetamine.

After testing positive, Taala allegedly admitted to the Probation officer that he smoked methamphetamine on Oct. 26 due to a family fa’alavelave.

Taala also admitted that his action proved that he had violated conditions of his probation, which require him to not consume alcohol or any illegal drugs.

As is the way the court processes these types of hearing, Taala denied the allegation against him, and his defense attorney asked the court to set a preliminary hearing (PX) for his client.

Taala, who is remanded in custody on a $5,000 cash bond is scheduled to appear in court on Nov. 29, 2018 for his PX.

Court records also state that on Mar. 03, 2017, Taala was ordered by the High Court to serve the remaining 8 months of his prison term, although he is still allowed to work during government working-hours.

Taala was convicted of driving while under the influence of alcohol causing the death of a person, and in October of 2014 he was sentenced to 5 years imprisonment, but execution of the sentence was suspended and the defendant was instead placed on 5 years probation, which came with several conditions.

Among the conditions, Taala was to serve 20 months behind bars, pay $2,000 as well as attend and complete alcoholic and drug counseling. Taala, however, served only 12 months in jail before he was released and the court waived the remaining 8 months, as long as he continued to abide with all conditions of his probation. He was also subject to random alcohol and drug testing, as well as obligated to visit the Probation Office once a month.

It was during a Probation Office visit on Feb. 9 of last year, a drug test came back positive and Taala was immediately taken into custody for violating probation.

At his probation review hearing on March of last year, Taala apologized to the court for not abiding with all conditions of his probation and sought a chance to remain out of jail so he could be with his family. He promised he would not violate any more conditions of his probation.

However, Acting Associate Justice, Elvis P. Patea told Taala during that hearing that the court has not forgotten the seriousness of his crime, which caused the death of another person. And despite the serious crime, Patea said the court gave Taala another chance in life with the sentence handed down at the time and then later waiving 8 months in jail.

With the positive drug test of meth, Patea said this clearly shows that the defendant failed to abide with the court’s order to comply with all conditions of his probation.

Taala was then sentenced to serve out of the remaining 8 months in jail; however, he was allowed out for work purposes, Monday to Friday, from 7a.m. to 4p.m, at the Fono, where he has been employed since 2008.

BACKGROUND

Taala was the driver of a Toyota 4runner that rammed into a utility pole in Pava’ia’i killing one of the passengers in the car in September 2013.

In September 2014, he pled guilty to driving while under the influence of alcohol causing the death of a person under a plea agreement with the government while two other felony charges were dismissed. He was sentenced in October 2014.