Pago Pago, AMERICAN SAMOA — A female probationer convicted of meth possession was released from the Territorial Correctional Facility (TCF) last Friday, after the court sentenced her to time served — 120 days — one of several conditions of her 2-year probation term.

Caroline Purcell, who was in custody since her arrest, unable to post a $5,000 bond, appeared before Associate Justice Fiti Sunia last Thursday for sentencing; however, after the court heard her statement, along with attorney submissions, the matter was taken under advisement until the following morning.

Purcell was initially charged with one count of unlawful possession of methamphetamine, a felony punishable by imprisonment between 5-10 years; a fine between $5,000-$20,000 or both.

But under a plea agreement with the government, Purcell pled guilty to unlawful possession of methamphetamine. With her guilty plea, Purcell admitted that in July of this year, she had a glass pipe containing meth residue.

According to the government, Purcell was arrested on the allegation that she disturbed the public peace. She was taken in for questioning and later escorted to the TCF. Upon arrival at the TCF front desk, Purcell was patted down. During a body search, a glass pipe containing a white crystalline substance, which later tested positive for meth, fell from Purcell’s pants.

Purcell told police the pipe was given to her by a friend. During a second interview, she told police she got the glass pipe from a friend but she doesn’t smoke meth.

During sentencing, Purcell apologized and asked for another chance, so she can return home to care for her one-year-old child and make good use of her life. She also apologized for not complying with conditions of her probation from last year, saying she not only disrespected the court, but she also disgraced her family name; and she’s truly remorseful.

Purcell read to the court, her thoughts that were written on a piece of paper. “…If I am released, I will take care of my child and fulfill my motherly responsibility. I will not commit any crime in the future, nor will I violate any conditions of my probation. I also promise to stop going out with my friends but to make good use of my time with my family.”

Defense attorney Rob McNeill asked the court to sentence his client to probation with the condition that she remain alcohol and drug free. He said Purcell is a single mother who made a stupid mistake. The prosecutor echoed the recommendation in the Pre Sentence Report (PSR), to sentence Purcell to probation with no additional period of detention.

In delivering his decision, Sunia said the court is very impressed with Purcell’s statement — she spoke from her heart and promised herself that she will comply with conditions of probation, and most of all, take care of her young child. The court said that based on the evidence, the incident involving the defendant was in part due to peer pressure. 

Purcell was sentenced to one year imprisonment. Execution of sentence is suspended, and she is placed on probation for 2 years subject to several conditions. She is to serve 120 days at the TCF, the same amount of days she’s already spent in jail. Purcell has been released from custody with the order that she remain alcohol and drug free.

For the Disposition Hearing on probation violation, the court opted not to revoke probation but instead, ordered that Purcell continue on with it, and comply with existing conditions.

BACKGROUND

Purcell was convicted of felony stealing in May of last year, and subsequently  sentenced to 5 years probation under the condition that she serve 12 months at the TCF.

She was given a huge break by the court when she was credited the 4 months she served in pretrial confinement; the remaining 8 months were stayed, as long as she complied with conditions of probation.  She was also ordered to pay a $500 fine within 8 months, and find a job.