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Court releases mother of 3 from custody, places her on probation instead

American Samoa High Court building
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A woman convicted of violating local drug laws was released from the Territorial Correctional Facility (TCF) last Friday, after the High Court sentenced her to a 5-year probation period.

Titiula Tagaloa was initially facing 4 charges: unlawful possession of methamphetamine with the intent to distribute; unlawful possession of methamphetamine; unlawful possession of marijuana with the intent to distribute; and unlawful possession of marijuana.

But under a plea agreement with the government, accepted by the court last month, Tagaloa pled guilty to the amended charge of unlawful possession of methamphetamine, and unlawful possession of marijuana, both class D felonies, punishable by imprisonment of up to 5 years, a fine of up to $5,000 or both, for each count.

With her guilty plea, Tagaloa admits that on Sept. 12, 2017 she had in her possession, meth and marijuana.

Defense attorney Rob McNeill said his client is a suitable candidate for a probated sentence. He said Tagaloa is a well-educated woman who served 8 years in the US military, before returning to the territory where she raised her 3 children.

 McNeill said Tagaloa started hanging out with some friends who were involved in drugs and as a result, she was arrested and charged for possession.

Spending 16 months at the TCF has made Tagaloa a better person, McNeill told the court. She has learned a good lesson, he added.

Prosecutor Christy Dunn echoed the defense’s submission for a probated sentence.

Chief Justice Michael Kruse sentenced Tagaloa to 5 years in jail and $5,000 fine for each count. The imprisonment terms will run consecutively — meaning a total of 10 years — and the fines will run concurrent, meaning $5,000 total.

However, execution of prison time is suspended and Tagaloa is placed on probation for 5 years, subject to several conditions.

She is to serve 20 months at the TCF without any release, and detention period will be served as follows: Tagaloa will serve 16 months (she is credited for the 16 months already spent in pretrial confinement). The remaining 4 months is stayed until further order of the court.

Kruse told Tagaloa that she is released from custody because she’s already served 16 months, and the court is giving her 5 months to seek gainful employment.

Tagaloa is to remain alcohol and drug free. and she is subject to random testing.

During her 5-year probation term, Tagaloa is not to congregate with people who consume alcohol or do drugs. And she is not to connect with her co-defendant, Pierce Suapilimai.

Kruse warned Tagaloa that she will serve 5 years in jail if she violates any of the court’s orders.