COURT REPORT: Court rejects plea agreement for drug offender
Pago Pago, AMERICAN SAMOA — Associate Justice Fiti Sunia rejected a signed plea agreement between the government and a female defendant accused of violating local drug laws, after the defendant told the court her defense attorney did not explain nor read to her the whole plea agreement.
Rosemarie Siale appeared before Sunia this week for a Change of Plea hearing. She was represented by Assistant Public Defender Rob McNeill, while prosecuting the case is Assistant Attorney General Laura Garvey.
When Siale’s case was called, prosecutor Garvey read out in open court the terms of the plea agreement. After the agreement was read out, Sunia took up some matters with the defendant, asking her questions.
One of the many questions the court asked the defendant, was whether she had read the plea agreement.
In her own words, Siale replied, “The plea agreement was brought over to me at the TCF by my counsel and told me to sign it, but it was never read or explained to me.”
Sunia immediately rejected the plea agreement and rescheduled another hearing for next week.
Sunia told Siale that she needs to read the agreement first before she signs it. The court told her, “You shouldn’t sign something that you don’t understand.”
Sunia then ordered the defense attorney McNeill to do an amended plea agreement, and to let Ms. Siale review and read it, before she signs it.
BACKGROUND
The charge against Siale stems from an incident when police pulled over a vehicle for a traffic violation. Siale was the passenger while her co-defendant, Eddieboy Va’avale was the driver.
Va’avale is charged with possession of illegal drugs, intent to distribute, and possession of illegal arms.
Siale, who has been in custody since her arrest in January of this year, is charged with one count of unlawful possession of methamphetamine, a felony.
She was unable to post her $5,000 surety bond, and is scheduled to appear in court on May 12 for her another hearing.
MALAKI SINAPATI
A 33-year-old man with several bench warrants, and who also owes a high amount in traffic fines, was arrested last month for drugs.
Malaki Sinapati, charged with one count of unlawful possession of methamphetamine, made his initial appearance in court two weeks ago.
The court set bail at $5,000 surety bond.
If he posts bond, Sinapati is ordered to abide by the usual bond restrictions, and must pay his outstanding traffic fines totaling $580.
During Monday’s proceedings, Sinapati’s attorney asked the court to quash the two bench warrants the court issued to arrest his client. He said Sinapati was unaware of his court hearings.
The court reminded Sinapati that whenever he is ordered to appear in court, it’s his duty to make the court his first priority. He was also advised him to take this first incident as a lesson.
Sinapati’s preliminary examination is next Tuesday, May 12.
According to the government, police stopped a vehicle in Nu’uuli area for false plates and too many lights on the vehicle.
Police impounded the vehicle and later discovered a clear glass pipe with a usable amount of meth inside. An inventory further uncovered one glass pipe containing a crystalline substance, and several empty small ziplock baggies commonly used to package meth, on the passenger side of the vehicle.
Two people were inside the truck when it was pulled over: a male driver, later identified as Vaega Wilson, and Sinapati, who was in the passenger seat.
Police requested a driver’s license from the driver, who told them he forgot to bring his license with him. When asked for some sort of identification, nothing was produced.
Information from the Fagatogo dispatcher revealed that the vehicle is registered to Vaega Wilson, who had a driver’s license that expired 2 years ago.
Wilson and Sinapati were interviewed separately at the Tafuna Substation.
Wilson is alleged to have told police that there was a small baggie containing methamphetamine that Sinapati hid under his seat. Officers went back to the vehicle to check and found it.
He also told investigators he had no knowledge of the small baggie and drug paraphernalia that were found inside his vehicle, and everything belonged to Sinapati.
Wilson further stated that he saw Sinapati hiding something under his seat when their vehicle was pulled over, but he didn’t see what was it.
The driver was cited for driving a vehicle with false plates and an expired driver’s license. He was later released pending an investigation.
When confronted by police, Sinapati verbally stated that he didn’t know who owned the glass pipes and the small baggie containing meth that were found inside the vehicle, saying he found the glass pipe when he entered the vehicle. Sinapati refused to provide a written statement.
The crystalline substance from the clear glass pipe discovered on Sinapati was tested and yielded positive results for meth.
BACKGROUND
In 2011, the High Court sentenced Sinapati to 5 years probation under the condition that he serve 20 months at the Territorial Correctional Facility (TCF), after being convicted of unlawful possession of marijuana.