TITIFALAULA SIAUMAU

An employee of the Customs Office accused of importing marijuana, with a street value of $20,000, into American Samoa, will be arraigned soon in High Court after his case was bound over from the District Court on Wednesday.

Titifalaula Siaumau is charged with one count each of import of a controlled substance — marijuana and conspiracy to distribute controlled substance, marijuana.

Before the case went to High Court, the defendant appeared Wednesday afternoon before District Court Judge Fiti Sunia for his preliminary examination (PX) hearing.

Last month the government filed drug related charges against Siaumau for the same incident of allegedly bringing marijuana into the territory, but the District Court dismissed them without prejudice, while the government worked on re-filing the case, which was done last week, with new charges.

At the PX hearing, the government called two witnesses, Police Det. John Paselio, who is the lead investigator, and Felix Penerosa, an employee of CSL Cargo Services.

According to court information, a package addressed to Penerosa arrived unaccompanied on Hawaiian Airlines’ flight on Mar. 27th. And inside the parcel hidden in a speaker was about 5 pounds of marijuana, with an estimated street value of more than $20,000.

Based on witnesses’ sworn testimony, it was sometime in February this year that Siaumau allegedly spoke with Penerosa for help in bringing in a package, which would contain a speaker, from California.

Penerosa allegedly explained to Siaumau ways of bringing packages in from off island, such as the name of the sender, and name of the person to pick up the package. However, in the end, Penerosa allegedly agreed to have the package addressed in his name, to make it easier to pick up the package, since Siaumau allegedly didn’t want his name on the package, as the recipient.

Before the package’s arrival, Penerosa alleges that Siaumau was constantly calling him to check if things are good and there are no problems getting the package here. However, when the package arrived and marijuana was allegedly discovered, Penerosa alleges that he didn’t hear back from the defendant.

On the night the package arrived, police questioned Penerosa and thereafter he was taken into custody, and held for 48 hours — the usual time period for detainment when charges have not been filed. He was released, while the police continued their investigation.

Penerosa testified that he didn’t know that marijuana was inside the package.

In his testimony, Paselio said he received written information from the US Department of Homeland Security as well as federal customs agents at an airport in California that shows Siaumau had traveled to California with $12,000 in cash.

Information prosecution received also shows that while in California, the defendant stayed at a home of a Toese Asiata in Sacramento. And the government suspects that this is where the package, allegedly containing marijuana, was shipped.

In Wednesday’s court appearance, Assistant attorney general Gerald Murphy argued that the $12,000 allegedly taken by Siaumau to California was used to purchase the marijuana, which was hidden inside the speaker that was in the package addressed to Felix Penerosa and sent to American Samoa. Murphy claims that the sender of the package and address in California is Toese Asiata.

After hearing the two testimonies, the District Court found sufficient evidence to prove probable cause that a crime was committed and the case was then sent to the High Court.

Attorney Sharron Rancourt represents Siaumau, who is out on bail.

JOSEPH YANDALL

An 87-year old man, accused in connecting with a case involving two minor females, made his initial appearance in District Court yesterday.

According to court information, Joseph Yandall is charged with one count of child molestation, a class A felony punishable by imprisonment of not less than 10 years and not more than 30 years — which is the most serious charge.

He is also charged with one count each of attempted kidnapping and attempted sexual abuse in the first degree — both felonies.

Court information states that the alleged female victims in the case are a 12 year old — resulting in the child molestation charge — and a 16 year old. Specific details of the charges against the defendant weren’t available yesterday.

District Court Judge Elvis P. Patea presided over yesterday’s initial appearance hearing, where attorney Gwen Tauiliili-Langkilde represents the defendant and the prosecutor is assistant attorney general Woodrow Pengelly.

The defense requested a preliminary examination hearing, which the court has since set for next Monday, May 15.

Tauiliili-Langkilde also sought to reduce bail, which was set at $75,000, arguing that the defendant is 87 years old, was born and raised in American Samoa and continues to reside in the territory.

She also said that her client had served the government for many years, before retiring and is currently serving in various nonprofit organizations such as the Rotary Club of Pago Pago and the Shriners Club.

Additionally, the defendant is not a flight risk and cannot afford such a high bail.

However, the government strongly argued against reducing the bail, with Pengelly saying that the charges against the defendant are serious and the reason he is faced with the most serious of the charges — the class A felony child molestation — is because it involves a young minor.

Patea noted the most serious charge, child molestation, against the defendant and explained the jail term if the defendant is found guilty. While the judge rejected the defense’s request, Patea did say that the issue of reduction of bail could be reviewed in the future.

If the defendant is able to post bail, he has been ordered by the court not to make contact with government witnesses involved in the case, and also not to make any contact with the victims.

Following the court hearing, Yandall was returned to the Territorial Correctional Facility.