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Former customs agent denied early release

American Samoa High Court building
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — The Trial Division of the High Court of American Samoa has denied the motion filed by Titifalaula Siaumau last week, seeking an order to amend his probation terms to facilitate his early release from detention to care for his children and wife.

“Having considered the submissions of counsel and pertinent matters on file, the court hereby denies the motion,” Chief Justice Michael Kruse said.

According to the court, Siaumau, who is serving a 20-month detention term as a conditions of his 5-year probation sentence, appeared in High Court two weeks ago for a hearing. He was represented by private attorney Marcellus Talaimalo Uiagalelei, while Assistant Attorney General Christy Dunn was prosecuting.

During the hearing, Siaumau told the court that he filed the motion because he wants to return home to care for his three young children and wife. He said that while he's been in custody, his father and others from his wife's family have been working together to care for his wife and children.

He said he is unemployed and there is no one who can provide for his family. But he wants to change that, and that's why he's been in contact with his father, who he believes can help him find a job.

Kruse told Uiagalelei that maybe 90% of all the probationers are eligible for early release. He wanted to know why the court should give Siaumau special treatment for his case, when there are other inmates who are also eligible for the same chance.

Kruse did point to something that was mentioned in the government's facts in Siaumau's case. And that is, the defendant had over $10,000 cash in his possession when apprehended by California law enforcement officials.

Based on the information that was presented to the court during Siaumau’s hearing, the defendant has 4 more months left in his detention.

BACKGROUND

Siaumau, a former customs agent was convicted by the court for the crime of importing of controlled substance into the territory, a class D felony.

According to court record, it was on Mar. 27, 2017 when a package, actually a speaker box arrived at the Pago Pago International Airport aboard Hawaiian Airlines and was addressed to a Felix Penerosa, an employee of CSL Cargo Services.

CSL subsequently told customs officers that the package belonged to the defendant, who asked him for his help for mailing a speaker from some of his members from off-island. The government claimed that approximately 5 lbs of marijuana was found inside the speaker.