Pago Pago, AMERICAN SAMOA — District Court Judge Elvis P. Patea found probable cause to bind over to the High Court, the case against Carlos Tolentino, who appeared yesterday morning for a preliminary examination (PX).

Tolentino is charged with one count of unlawful possession methamphetamine; one count of unlawful possession of methamphetamine with intent to distribute; and one count of unlawful possession of marijuana - all felonies.

Bail is set at $20,000

Lt. Det. Ioane Paselio -the only witness called during the PX - testified about the incident that led to Tolentino’s arrest. (Click to see Samoa News Dec. 10, 2019 edition for details). It involved a vehicle chase with police. Tolentino and the driver abandoned the vehicle on the dirt road leading to Le Aute. And, while the driver was not located, Tolentino was found hiding in a bushy area.

During a search of Tolentino, police found two cut-up straws containing a white crystalline substance and cash. Heading back to the abandoned truck, Paselio said he noticed that both doors  were still open and he saw clear cut-up straws containing a white crystalline substance on a pouch on the passenger seat.

A further search of the vehicle led to the discovery of 61 cut-up straws (one inch) containing a white crystalline substance; a simoi size Ziploc baggie containing a substantial amount of white crystalline substance; a hand rolled marijuana joint; and a huge amount of cash in a bag.

Paselio said that based on his training, the drugs found were not for personal use, but distribution. Under cross examination, defense attorney Bob Stuart asked Paselio who exited the vehicle first. Paselio replied, “They both exited the vehicle at the same time”.

“Where was the blue bag located inside the vehicle?” Stuart asked. Paselio replied, “It was on the passenger’s seat.”

“Did you find any photo identification inside the blue bag to prove that the bag belonged to my client?” Stuart asked. Paselio said, “no”.

Stuart argued that there was no evidence to prove that his client owned the blue bag containing drugs that was found in the vehicle. He said the government has no idea who owns the blue bag, whether it’s his client or the driver.

Judge Patea said the hearing is to determine if there is sufficient evidence and if there is probable cause to try the defendant in court. He said the court is satisfied with the evidence presented by the government, that a crime was committed.

Arraignment is today in High Court.