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Man admits meth charge — released after testing negative for drugs

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blue@samoanews.com

Pago Pago, AMERICAN SAMOA — A man who pled guilty to unlawful drug possession was released on his own recognizance last Friday, following a Change of Plea hearing in High Court.

Under a plea agreement with the government, Gertrude Faifaiumu, 29, pled guilty to the amended charge of unlawful possession of methamphetamine, a Class D felony that carries a jail term of up to 5 years, a fine of $5,000 or both.

With his guilty plea, Faifaiumu admits that on Sept. 2, 2018, he was in possession of a glass pipe containing meth.

According to the court, under the controlled substance statute of local laws, only the director of the Health Department is permitted to be in possession of controlled substances. "If you are not the Director of Health, you've violated the law," Chief Justice Michael Kruse said to Faifaiumu.

The case, said Kruse, involved a "bong with methamphetamine residue". When he asked if the police are alleging anything more, Assistant Attorney General Laura Garvey said no.

Kruse then asked the defendant if he — at that moment — was taking any medications or if he was under the influence of any drugs or alcohol. Faifaiumu said no.

Kruse told Faifaiumu that if he agreed to get drug tested — right then and there — and the results come back negative, he would be released immediately, on his own recognizance, to await sentencing, scheduled for Feb. 8, 2019.

But if the results come back positive, he would be remanded back to custody at the Territorial Correctional Facility (TCF).

Defense attorney, Assistant Public Defender Rob McNeill, when asked, told the court that his client wants to take the test.

Before that, both attorneys were called to the bench for a brief discussion.

Faifaiumu stepped out to take his drug test and moments later, Kruse was informed of the negative results.

"Stay clean," Kruse said to Faifaiumu before ordering his release from custody. "That means, no possession of any controlled substance. Be here on sentencing day and keep in close contact with counsel McNeill."