Pago Pago, AMERICAN SAMOA — A preliminary examination (PX) before Chief Justice Michael Kruse last week regarding a matter where an inmate refused to submit to random testing inside the Territorial Correctional Facility revealed that the two Probation officers who went over to conduct the test, feared for their safety when another inmate allegedly tried to interfere with their job.

Sierra Isaia, who is serving 6 years in jail (TCF) appeared in High Court last week for a PX. He’s represented by Assistant Public Defender, Rob McNeill, while prosecuting the case is Assistant Attorney General Laura Garvey.

When Isaia’s case was called, counsel Garvey asked for another continuance, saying that the government’s main witness is still in Samoa, unable to return to American Samoa due to the COVID-19 restriction. She further stated that this main witness is the only person who can provide some essential information to the court regarding this matter.

The main witness, according to the government, is a TCF guard by the name of ‘Nimo’.

Both attorneys were called to the bench for a brief discussion with the Chief Justice and then the government called their first witness to the stand, Deputy Probation officer, Saipale Vaouli, who testified and explained to the court what happened when he visited the TCF on Mar. 4, 2020 with his co-worker, Tafito Aitaoto, another deputy Probation officer.

According to Vaouli’s testimony, they went to conduct random testing of probationers serving time at the TCF — one of them was Isaia. One of the conditions of Isaia’s sentence (Dec. 14, 2019) was to submit himself for random testing on the demand of any probation officer or police officer.

Vaouli told the court they were unable to collect sample from Isaia because he did not show up. They requested for the defendant to be available for testing but a TCF guard informed them Isaia had a cough and he couldn’t walk. That’s when they requested a chance to visit Isaia in his cell to collect his sample and a TCF guard escorted them to Isaia’s cell, but an inmate by the name of Gabriel Tinai locked the door of Isaia’s cell and instructed them to wait until he informed them to come in.

That’s when the TCF guard instructed the inmate to open the door. The TCF guard then went inside Isaia’s cell. A few moments later, the TCF guard came back out and told them that Isaia couldn’t get up.

That’s when they decided to leave TCF and return to their office where they prepared their report regarding what happened that day.

Defense attorney, McNeil asked the witness if he had any evidence to support the allegation that his client ordered inmate Tinai to lock the gate. Vaouli said, “no.”

McNeill asked the witness again if they ever saw his client around the TCF compound that day. The witness replied, “no.”

It was at that time that Kruse instructed the witness to draw a diagram showing the court the location of the defendant’s cell, which the witness did.

According to the witness, when he arrived with his partner, Aitaoto at the TCF, they asked Sgt. Mokiana Yandall for permission to test several inmates including Isaia. Sgt. Yandall gave them the green light to go ahead with their program. However, Yandall told them that Isaia was unable to come due to his leg.

The witness further stated to the court that he was very disappointed with the way they were treated at the TCF. After they were denied by the inmate to enter Isaia’s cell, their next move was to leave the compound because they were concerned for their safety.

The second witness the prosecutor called was Sgt. Yandall, who has worked at TCF for over 15 years. Sgt. Yandall confirmed to the court Vaouli’s account of what had happened on Mar. 4th.

According to Sgt. Yandall, every time probation officers visit the TCF, they have to follow normal procedure by waiting at the waiting area while TCF guards go back to bring inmates to the front for testing. Sgt. Yandall told the court that he did not know the reason why defendant Isaia was never brought to the front for testing.

According to Sgt. Yandall, only TCF guards have access to the keys for each cell. He also stated that there is no reason why an inmate can access the key to a cell.

The court asked the witness whether the inmate who denied the two probation officer’s entry should be at the cell gate or inside the cell; and the witness said that he must be inside his cell, but not at the cell gate.

The prosecutor then asked the court to find the defendant in violation of conditions of his probation, after he refused to be tested. The prosecutor further stated that one inmate locked the gate to the defendant’s cell to keep the two probation officers from conducting a test on the defendant, despite court’s order to submit himself for testing.

The defense attorney argued that there was no evidence to prove his client failed to submit himself for testing.

According to Kruse, the court order is very clear, that upon a demand of a probation officer or a police officer, the defendant must submit himself for testing and it was clear from the evidence that two probation officers went to the defendant.

The court was satisfied with the testimony from probation officer Vaouli and ordered Isaia’s case be set for a Revocation Hearing 60-days down the line.

Isaia’s next hearing is June 26th.

BACKGROUND

Isaia, 42, was ordered to serve 80 months at the Territorial Correctional Facility (TCF) for a drug conviction.

The government charged Isaia with two separate cases. In the first case, he was charged with one count of unlawful possession of methamphetamine with the intent to distribute; and one count of unlawful possession of methamphetamine, both felonies.

In the second case, he faced one count of unlawful possession of meth.

Under a plea agreement with the government, accepted by the court, Isaia, in the first case, pled guilty to the amended count of unlawful possession of methamphetamine. He also agreed to plead guilty to the amended count of unlawful possession of meth in the second case.

Both are class D felonies punishable by imprisonment of up to 5 years, a fine of up to $5,000 or both, for each charge.

With his guilty pleas, Isaia admits that on Aug. 26, 2017, he had on him a glass pipe containing meth. He further admits that while released on bond during his first case, he was arrested on Dec. 11, 2017 for possession of a glass pipe containing meth.

For the first case, Isaia was sentenced to 5 years in jail. Execution of sentence was suspended and he was placed on probation for 5 years subject to several conditions, including to serve 20 months at the TCF without any release, except by order of the court.

For the second case, Isaia was sentenced to 5 years in jail, a straight sentence.

According to Kruse, the sentences would run consecutively, meaning Isaia would serve 80 months (over 6 years) in jail.

Isaia was first charged after cops found drugs and paraphernalia, including $514 cash in his vehicle. Cops also found two cell phones with messages that confirmed Isaia’s involvement in the drug trade.

He was released on a $15,000 cash bond after his initial appearance. Four months later, he was pulled over in Iliili for a loud muffler. Two small baggies and a glass pipe containing a white substance that later tested positive for meth were found in Isaia's pants pocket during a body search, in addition to several empty baggies and $190 cash.