Pago Pago, AMERICAN SAMOA — A man convicted of unlawful possession of illegal drugs told the court that the 12 months he spent at TCF was more than enough to teach him to become a better man in the future.

Lafitaga Ta’ala, who has been in custody since his arrest last year, unable to post a $5,000 surety bond appeared in Court two weeks ago for sentencing.

Ta’ala was initially charged with one count of unlawful possession of methamphetamine, a felony punishable by imprisonment term of not less than five nor more than ten years, a fine of not less than $5,000 not more than $20,000, or both.

Under a plea agreement with the government, accepted by the court in December of last year, Ta’ala pled guilty to the amended charge of unlawful possession of methamphetamine (meth), a class D, punishable by an imprisonment term of up to five years, a fine of up to $5,000, or both.

By his guilty plea, he admits that on March of last year, he had in his possession a stamp-sized baggie containing meth when police searched him.

The court sentenced Ta’ala to five years imprisonment and a fine of $2,000. Execution of the term of imprisonment was suspended and Ta’ala was placed on probation for five years subject to several conditions.

He was ordered to serve a period of detention of 20 months at the in jail. He was credited for the 12 months he already served while awaiting the outcome of this matter.

The court also ordered that the defendant be released for a period of 90 days on the condition that he seek and secure gainful employment. The court made it clear to Ta’ala that “gainful employment” does not include family farming, but he is to seek employment where he can work and earn a paycheck.

If the defendant is unable to secure gainful employment, the court will order him to return to jail to serve the remaining period of his detention. Throughout the period of probation, the court ordered the usual restrictions, including submitting to random drug testing upon demand from a Probation officer or a police officer.

The court also ordered the defendant to pay his fine.

According to the court, Ta’ala’s sentence will run consecutively with a prior sentence from District Court.

BACKGROUND

While in jail for sentencing on his original conviction, he was arrested again, one month later, along with two other inmates for the alleged beating of another inmate inside prison.

Ta’ala, along with the two co-defendants were each charged with one count of public peace disturbance (PPD).

The government claims that it was in the morning of Jan. 15, 2020 when several police units were called to respond to the prison to assist Correction Officers with a fight that was in progress. The fight was between Ta’ala and his two co-defendants.

One witness told police that he was the one who tried to stop Ta’ala from trying to enter another cellblock while holding a metal object in his right hand. Later on that same day, Ta’ala, along with the two co-defendants walked to other side of the prison compound and threw rocks at other inmates standing in front of another cellblock.

Ta’ala was convicted by the District Court for PPD and was sentenced to 12 months probation.

TALIFILEMU LAGOLAGO

A man who is on probation for stealing was arrested again by police on the allegation he violated local drug laws.

Talifilemu Lagolago was a passenger in a truck that was pulled over for a traffic violation on Feb. 2, 2022, by police in Nu’uuli where two glass pipes containing a white crystalline substance were found inside the right pocket of his pants.

Three males were inside the truck when it was pulled over, including Lagolago, who was sitting in the passenger seat.

The driver of the vehicle, who is also the owner of the vehicle received 3 traffic citations, after providing proof of valid documentation.

It was while officers were speaking to the driver, the defendant, Lagolago, opened the passenger’s door and exited the vehicle. He was instructed to stay inside the vehicle, but continued walk to the back of the truck and at the same time trying to reach inside the rear left pocket of his pants.

As the other officer walked over to the area where he was standing, Lagolago immediately took off and ran to the other side of the road and continued fleeing from the officer. Officers, along with the help of the driver and the other passenger chased Lagolago for few minutes before he was apprehended in front of a store in the area.

A body search was conducted on Lagolago where officers discovered the two glass pipes containing a white crystalline substance inside. The white crystalline substance was tested and found to be positive for meth.

Lagolago told officers he got the two glass pipes containing the meth from his friend for $40.

The driver of the truck told police that Lagolago was only an acquaintance and he was on his way to pick up his cousin from work when Lagolago flagged down his vehicle and asked for a ride back home to Iliili.

The driver told police that he was unaware that Lagolago had illegal drugs in his possession.

The defendant made his initial appearance in court. He’s charged with one count of unlawful possession of meth, a felony, punishable by term of imprisonment from 5 to 10 years, a fine not more than $20,000, or both.

Bail is set at $5,000.

BACKGROUND

Lagolago is on 5 years probation after being convicted by the court for assaulting a man by using a metal pipe to strike his head twice, causing severe injuries to the victim’s head and body three years ago.

Lagolago was ordered to serve 20 months in prison and pay restitution in the amount of $613.89 as a condition of probation. He was also ordered to remain law abiding and stay away from alcohol or illegal drugs.

FAATOINA MISIMOA

A man convicted of violating local drug laws was sentenced to 5 years probation.

Faatoina Misimoa, who has been in custody since his arrest last year appeared in Court last month for sentencing.

Misimoa was initially charged with unlawful possession of a controlled substance, methamphetamine (meth), a felony. But under a plea agreement, accepted by the government in December of last year, Misimoa pled guilty to the lesser charge of unlawful possession of meth, a class D felony, punishable by imprisonment of up to 5 years, a fine of up to $5,000 or both.

With his guilty plea, Misimoa admits that in December of 2020, he possessed a glass pipe containing meth when police searched him during a public peace disturbance incident.

When given the chance to address the court, Misimoa apologized and begged for a second chance to return home to care for his wife and children. He told the court that the 14 months he spent in jail was a very hard time for him, knowing that he had failed to fulfill his duty as a father and a husband.

The defense attorney told the court that his client was a family man who worked very hard to provide for his wife and children. However, he lost his job when he was arrested in this matter. The attorney then asked the court to sentence Misimoa to a probated sentence to allow him to go back home and seek gainful employment to provide for his family.

He further told the court that his client was caught with a small amount of meth in his possession.

The prosecutor echoed the defense’s request for a probated sentence, saying that the government believes the defendant is truly remorseful for his crime and he is a suitable candidate for a probated sentence.

She also told the court that the defendant has already served 14 months in jail, while awaiting the outcome of his case.

The court wanted to know if the defendant’s Immigration status is still valid, and who is the defendant’s sponsor. According to the defendant’s attorney, his Immigration status is still current and his wife is his sponsor.

The court stated that there were many other defendants like Lagolago who come before the court for unlawful possession of illegal drugs. However, the court feels that Lagolago’s case is different from other cases because he was living a useful life until he was arrested in this case.

“Your actions caused you your good family and your job,” the court told Lagolago.

“You need to put a stop to this behavior before it gets worse and you will not want to see the bad outcome and the consequences of your actions.”

Lagolago was sentenced to 5 years imprisonment and a $2,000 fine. Execution of sentence was suspended and Lagolago was placed on probation for the period of 5 years subject to several conditions.

He must serve a period of detention of 20 months without release, and was credited for the over 14 months he served during his pretrial detention.

Upon release from custody, the court ordered Misimoa to remain law abiding and remain clean from alcohol and illegal drugs.

Misimoa was told that this particular panel of judges wants to invest in people’s lives. They believe that you’re one  (who can learn from this) “but once you fail we can change our minds.”

ALEKI FALETOLU

A 27-year-old fisherman convicted of violating local drug laws promised the court that he will never come back to court for any offense in the future.

Aleki Faletolu, who has been in custody for five months since his arrest in March of last year, unable to post a $10,000 surety bond, appeared in Court last month for sentencing.

Faletolu was initially charged with one count of unlawful possession of methamphetamine (meth), an unclassified felony, punishable by imprisonment from 5 to 10 years, a fine of up to $20,000, or both; along with 2 counts of 1st degree burglary and 2 counts of attempted stealing, all class C felonies, punishable by imprisonment of up to 7 years, a fine of up to $5,000 fine or pursuant to A.S.C.A 46.2101, a fine equal to twice the amount of gain from the commission of said crime, up to maximum of $20,000, or both such fine and imprisonment for each count.

Under a plea agreement with the government, accepted by the court in November of last year, Faletolu pled guilty to the amended charge of unlawful possession of meth. The remaining charges were dismissed as part of the plea agreement.

Faletolu admits that he unlawfully entered a store in Nuuuli on the night of Mar. 12, 2020 for the purpose of committing a crime, however, when he was apprehended, cops found two glass pipes containing meth in his pocket.

When given the chance to address the court, Faletolu apologized for his actions and requested a second chance. He told the court that he wanted to go back to fishing, to earn money for his elderly mother.

Attorneys from both sides asked the court for a probated sentence.

The defense attorney told the court that his client is a fisherman for a local fishing vessel and he holds the position of a ‘master’ on the fishing vessel.

The prosecutor asked the court to adopt the recommendation by Probation and sentence the defendant to a term of probation.

According to the court, the circumstances that resulted in the arrest of the defendant stem from an incident where he attempted to burglarize a store in Nuuuli.

Faletolu was sentenced to 5 years imprisonment. Execution of sentence was suspended and Faletolu was placed on probation for 5 years subject to several conditions.

He was ordered to serve a period of detention of 20 months in prison, however, the court ordered Faletolu to serve only 6 months of his period of detention. He will be credited for the 5 months he served during his pretrial conference detention, leaving a balance of one more month to serve.

The court ordered the defendant to seek and secure gainful employment to pay his $2,000 fines. Probation review is March 2023.

The court informed Faletolu that come March next year for his probation review, the court is expecting a report that can persuade them to modify his sentence. However, if he violates any of his probation conditions, it will be very hard for him to persuade the court not to send him back to jail to serve the remaining period of his sentence.