Pago Pago, AMERICAN SAMOA — No probable cause was found to bind the government's case against former TCF officer Jimmy Stanley to High Court. Therefore, the case against him has been dismissed, without prejudice.

Stanley appeared in District Court yesterday morning for a preliminary examination hearing. The lone witness for the government was DPS Vice and Narcotics Detective Faamanuiaga Areta, who also testified the day before, during the preliminary examination for Faavae Papatu.

(Altogether, a total of 5 defendants are charged in the alleged TCF drug ring case: former TCF officers Faavae Papatu, Jimmy Stanley, and Leasi Neueli; and Toeava brothers Vincent and Spencer).

On the stand yesterday, Areta provided testimony similar to what he told the court this past Wednesday, during Papatu's preliminary examination. (See yesterday's Samoa News for details).

Areta said he and several other officers were called to respond to an incident at the TCF last October, involving inmate Vincent Toeava attempting to pass a jar of hair gel containing two cut-up straws to female inmate Meriko Lomu.

A shakedown of Vincent's cell netted over $300 in cash, 7 cut-up straws, a pouch with items that later tested positive for marijuana and methamphetamine, as well as cell phones.

According to the criminal complaint, during the shakedown, the phone believed to be Vincent's rang multiple times. A police officer answered one of the calls and that's when a male voice on the other end said, "Vince, it's Jimmy. It's Stanley."

Areta claims the phone was on speaker mode "so everyone could hear it."

The criminal complaint notes that when questioned by investigators, Stanley denied ever having any involvement with Vincent. He allegedly told investigators that the reason he called Vincent's phone on the night of the shakedown, "was because he was returning a call" that was made to him earlier that evening.

Stanley is alleged to have been paid $50 cash and $50 worth of "ice" for his role in making drug runs for Vincent. This is based on a statement provided to investigators by a witness.

According to the witness, when Vincent needed a "reload" of drugs, he would contact one of the three TCF guards to make "runs" for him. Envelopes of money were given to the guards who would deliver them to Vincent's supplier. In return, Vincent would get an envelope of drugs that was delivered to him — directly to his cell — through grocery boxes.

Defense attorney, Assistant Public Defender Ryan Anderson told the court yesterday that they should caution against "hearsay" because even if what the witness told police was true, there is no probable cause or evidence to suggest that his client "knew" there were narcotics in the grocery boxes he was delivering to Vincent.

"Maybe my client thought he was doing the inmate a favor, by bringing him food," Anderson argued, adding that while the practice may have broken TCF rules, it is not a crime.

Prosecutor Assistant Attorney General Laura Garvey said the hearing is not to prove the credibility of the witness.

Stanley, who was in custody when he appeared in court yesterday, was facing four felony charges: unlawful possession of methamphetamine, unlawful distribution of methamphetamine, unlawful possession of marijuana, and unlawful distribution of marijuana.

In delivering his decision, Judge Sunia made it clear that probable cause has a "very low threshold" and while hearsay is allowed, there must be "some"" reliability.

People cannot be charged based on lies, said the judge.

"As upsetting and as aggravating as these circumstances are — of narcotics finding their way to the TCF — and it's extremely upsetting because it's not supposed to happen… As angry as it may make you feel because the people who are being charged are the same ones guarding possible convicted felons, probable cause cannot be based on that anger," Sunia said.

According to him, "corrupt officers" are entitled to fair representation and the court simply cannot "speculate" and base its decisions on speculations.

He explained that the court can 'speculate' on the statements made by the TCF witness to police, "that a specific drug was brought in by this specific defendant." But that simply is "not enough" to pinpoint with certainty what was found, "unless the court speculates."

With that said, Judge Sunia dismissed — without prejudice — all four felony charges against Stanley. He however warned the former TCF guard that the government — if they wish to do so — may file additional or different charges against him, in the future.

"Young man, you better thank God for the US Constitution," Sunia said to Stanley.

BACKGROUND

The case against Faavae Papatu has been bound over to High Court, where he will be arraigned next Monday, Jan. 28.

Two of the initial four charges against him have been dismissed.

Meanwhile, co-defendants Vincent Toeava, Spencer Toeava, and Leasi Neueli are scheduled for a preliminary examination today, following a continuance that was granted by the court yesterday because the government's witness was unavailable.

Spencer and Neueli are out on bond, while Vincent remains in custody. His bond is set at $20,000 for this case, and $450,000 for the food stamp fraud case for which he is facing 19 criminal charges, and which he is currently being held in jail for — unable to post the latter.