Pago Pago, AMERICAN SAMOA — Drugs entering the Territorial Correctional Facility (TCF) and prisoners having access to drugs has been an ongoing problem in the territory for many years now. Despite building a wall around the facility, inmates are testing positive for methamphetamine and marijuana, which police say is a solid sign that drugs are still getting into the facility — despite new high walls surrounding the facility.

Last week, Chief Justice Michael Kruse, again questioned Deputy Commissioner and former Warden, Foifua Foifua Jr about drugs getting into TCF, during a revocation hearing for two inmates accused of violating conditions of their probation.

Sierra Isaia tested positive for meth, while Sonny Mu Kelemete was not present for a drug test upon demand from Probation Officers on Mar. 4, 2020.

Foifua Jr, along with TCF Watch Commander, Capt. Aokuso Lafaele and TCF guard, Faatoafe Vaimagalo were among the three witnesses the government called to testify during Isaia’s and Kelemete’s revocation hearing last Friday.

At the end of the hearing, Kruse told Foifua Jr that the question in the court’s mind is how drugs are getting inside the facility — how this happens at the facility with very high walls. The court is wondering how drugs get inside the facility and what are some of the possibilities that cause this problem to continue to happened.

Foifua, who was Warden for many years before he was appointed as one of the two Deputy Commissioners, told the court that one of the problems TCF is facing is the wall at the back side of TCF. He told the court that there is no problem with anyone trying to smuggle drugs or other stuff inside the facility through the front fence. However, on the rear side, it’s would be easy for anybody to smuggle anything inside the facility by just throwing it over the fence because the rear side of the fence is too low.

Foifua Jr told the court that there was an incident in the past while he was the Warden at the time, when an unknown person threw a package inside the compound from the big Pulu tree.

It was lucky that the package was thrown into the compound while a TCF guard was stationed at that corner of the compound because it was a box of beer.

Kruse wanted to know how high the rear fence is. According to Foifua Jr, it’s about 6ft. He added that another problem at the back side is that there are rocks on the outside that someone could stand on it to make it easier to throw something into the compound.

Kruse stated that the front wall is just for show and the rear is not safe. Foifua Jr said, “Yes.”

Foifua Jr further added that before the fence was built, DPS officials requested the American Samoa Government (ASG), not to focus on the front side of the wall but on the rear area because a lot of illegal activities at TCF happen at the back side of the compound.

The court recommended that TCF use surveillance cameras to monitor the whole compound to prevent this problem from continuing to happen.

Foifua Jr said there were surveillance cameras when the new facility was dedicated a few years back, however, he doesn’t know why the cameras are no longer being used.

In an effort to monitor the safety of the compound and to make sure it’s free from illegal drugs, TCF guards are patrolling the compound every 30 minutes to make sure no illegal activities or people trying to smuggle anything inside the compound using the lower parts of the wall.

The court offered a piece of advice saying that if this has become common knowledge — the time guards are patrolling the compound, people will find a time when there is no patrol or security around and that would be the time they could throw things into the compound.

In response, Foifua Jr said they’re aware of the situation and they’re also working on the challenge. He also stated that the Department of Public Safety (DPS) is also requesting assistance from the Tafuna Police Substation (TPS) during the time they patrol the area to make sure they assist the guards on their daily routine checkup.

Kruse reminded Foifua Jr the importance of having cameras in the TCF facility. He told him that as they speak in the courtroom, they’re being watched — referring to the court surveillance camera system — that monitors all movement for both District Court and High Court.

For safety reasons, the court advised Foifua Jr that TCF needs to have this type of service. The court also recommended that there are private companies that can provide this type of service here on island.

REVOCATION HEARING

KELEMETE

The government called 4 witnesses during Kelemete’s revocation hearing. They were Chief Probation Officer, Malcolm Polu, Deputy Commssioner Foifua Foifua Jr, TCF Watch Commander, Capt. Aokuso Lafaele, and TCF guard, Faatoafe Vaimagalo.

Polu told the court that it was part of his duty to enforce probation conditions for inmates and probationers to make sure they’re in compliance.

When asked about the two inmates’ cases, Polu said both inmates are serving imprisonment on convictions for unlawful possession of drugs. As a condition of each inmate’s probation, they must not consume or possess drugs or alcohol.  Furthermore, they must submit for random testing upon demand of a probation officer or a police officer.

On Feb. 17, 2021, Polu, along with another probation officer went to the TCF to conduct drug tests on certain inmates. Isaia and Kelemete were among those inmates who were required to perform the test.

Following protocol for testing inmates at TCF, they requested inmates that were on a list to be brought to them for a drug test.

Polu said all other inmates answered the request to come for a drug test except Kelemete who refused to come. Kelemete was summoned twice to come for the test but continue to refuse.

In cross examination, defense attorney Anderson asked Polu if he ever spoke directly to his client about the drug test. Polu said no, the request was given to the Watch Commander, who then instructed his two guards to ask Kelemete to come for the test.

Chief Justice Michael Kruse wanted to know the name of the Watch Commander. According to Polu, his name is Captain Aokuso Lafaele.

Kruse asked Polu if he can identify the two guards who went to inform the inmates about the random drug test. Polu said no because all communication between the Watch Commander and the two guards were made through radio. The Watch Commander radioed his two guards at the back of the building to bring the inmates to the front office.

Capt. Lafaele was also called to the witness stand. He told the court that after receiving a list of inmates needed by the two Probation Officers for drug tests, he notified his guard, Faatoafe Vaimagalo through the radio to bring all the inmates to the front office.

Vaimagalo brought into the front office all the inmates requested for the drug test including Kelemete, however, while waiting for his turn to be tested, Kelemete stood up and returned to his cell.

TCF has standard protocol for any inmate who refuses to comply with instructions given by TCF officials. That inmate faces disciplinary action for 20 days.

When asked to explain what the 20-day disciplinary action means, Capt. Lafaele explained that for 20 days the inmate will not receive visitations from his family, including not receiving any supplies for things he needs such as clothes, food, soaps, toothpaste, toothbrush, etc.

When asked if Kelemete faced disciplinary action for his refusal to take the test, Capt. Lafaele said yes.

The third witness, Faatoafe Vaimagalo was called to the witness stand. According to his testimony, after receiving instructions from his Watch Commander, he went and informed all inmates whose names were on the list, including Kelemete to come to the front office.

Prosecutor Soule asked the witness what exactly he told Kelemete on that day, Vaimagalo said he told Kelemete that he’s needed at the front office. He did not tell Kelemete that he’s needed for a drug test.

However, when Kelemete arrived, he noticed that other inmates were lined up for drug tests conducted by two Probation officers. After waiting for a few minutes, Kelemete stood up and walked back to his cell.

Vaimagalo went back to Kelemete and instructed him that he was supposed to be at the front office, but Kelemete didn’t listen.

In cross examination, defense attorney, Anderson asked Vaimagalo if he ever informed his client that he (Kelemete) needed to go to the front office for a drug test. Vaimagalo replied, “no”.

The fourth witness, Foifua Jr was called to the witness stand. According to his testimony, the only reason why an inmate refuses to take the drug test is when the inmate is trying to conceal something.

Foifua Jr told the court that during his time as Warden, he offered this advice to all of the inmates — do not do anything illegal while serving detention. Some of them listened, while others didn’t.

ISAIA’S HEARING

As for Isaia’s hearing, Polu said he administered a random urinalysis test for Isaia and the test result was positive for meth. After he was informed about the outcome of his test, Isaia congratulated the probation officers for their hard work before the returned to his cell.

DECISION OF THE COURT

For Kelemete’s case, the court finds that there is probable cause that he violated conditions of his probation by refusing to surrender himself for a drug test on demand from Probation officers in Feb. 2017.

Defense attorney, Anderson argued that his client did not know why he was needed at the front office. He told the court that nobody explained to his client the reason why he was needed at the front office.

Prosecutor Soule strongly believed that there were sufficient evidence to prove that Kelemete understood what was going on when he arrived at the front office and witnessed other inmates lining up to have their drug test by Probation officers.

For Isaia, the court finds that there is probable cause to prove that he violated conditions of his probation after testing positive for meth.

Disposition Hearing for both defendants is set for May 28, 2021.

BACKGROUND

Kelemete is serving an imprisonment sentence of 40 months as a condition of his ten years probation after being convicted of unlawful possession of meth and unlawful possession of meth with the intent to distribute. His conviction stems from an incident where cops found drugs and a firearm in his vehicle during a stop for a traffic violation.

Isaia, 42 is serving 80 months at TCF after being convicted of two counts of unlawful possession of meth. On August 2017, cops found a glass pipe containing meth in Isaia’s possession. Four months later after being released from custody for his first case, Isaia was arrested again in December 2017 after cops found a glass pipe containing meth in his possession.

In May of last year, Isaia appeared in court for a probation violation hearing. The government alleged that Isaia refused to submit himself for a drug test after two Probation officers visited TCF to conduct drug testing for several inmates including Isaia.