Pago Pago, AMERICAN SAMOA — Two probationers who tested positive for drugs were given a second chance by the court when they appeared for a Disposition Hearing last week.

Pelenato Faalelei and Tipasa Lauina were each charged with contempt of court, the charge they later admitted to after receiving advice from defense attorneys.

FAALELEI’S CASE

Faalelei, who has been in custody since his arrest Jan. 21, 2020 after he tested positive apologized to the court and asked for a second chance. He said he wants to return home so he can find a job and care for his family. He told the court he made a terrible mistake and promised it will never happen again.

When the court asked the defendant what mistake he made, Faalelei said he smoked methamphetamine on the night he was released from prison, because his friends wanted to celebrate his freedom. He did this knowingly — that it was illegal and violating his probation.

His defense attorney asked the court not to revoke his client’s probation but instead, modify its terms and give him another chance to prove that he can change. According to the defense attorney, Faalelei has a problem with alcohol and drugs, and the only way he can address these issues is to allow him to attend counseling programs provided by the American Samoa Government.

The defense attorney further said his client will never change unless he attends rehabilitation programs to address his problem.

The government attorney echoed the defense submission but added that the only problem the government has, is the fact that Faalelei was released on Jan. 20th after he was sentenced to probation. The next day, on Jan. 21st, he tested positive during his first visit to the Probation Office.

The court agreed. The court told Faalelei that the reason why the court placed him on 5 years probation last month was to allow him to seek employment to care for his family and prove that he can change. “Now, you’re before us for violating conditions of your probation, and the only option we have is to send you back to jail for 5 years,” the court told Faalelei, who immediately apologized and said he was wrong and he will never do it again.

The court then ordered Faalele to be escorted to Probation to be tested again before the court delivers its decision. A Probation officer who administered the test came back a few moments later and said the result was negative.

Faalelei was released from jail last week and his probation was not revoked.

He’s been ordered to remain alcohol and drug free. The court will continue to defer the remainder of Faalelei’s 12-month detention period, as long as he complies with all conditions of probation.

“If you violate anymore conditions of your probation, the court will not grant you anymore chances,” the court told Faalelei.

BACKGROUND

In January of this year, Faalelei was sentenced to 5 years probation for punching a 17-year-old boy and then striking the boy with a hard wood. Faalelei was ordered to serve 20 months at the TCF, credited for the 7 months he already served. The balance of detention was stayed until further order of the court, and Faalelei was released from custody on the day of sentencing.

He was also ordered to find a job to pay a $2,000 fine within the first year of probation.

LAUINA’S CASE

The defense attorney asked the court not to revoke Lauina’s probation, but instead, give him another chance to prove himself. Lauina apologized and begged for a second chance so he can continue to work and care for his family. He told the court that what he did was wrong and he will never smoke ice again.

Just like Faalelei, Lauina was ordered to get tested prior to the court handing down its decision. The test results were negative.

The court reminded Lauina that he was placed on probation with conditions but it appears that not long after he was released from custody in January of this year, he tested positive for meth.

Lauina’s probation was not revoked, but it was modified. He was ordered to comply with all conditions of probation, especially the condition requiring him to remain alcohol and drug free.

“Lauina, you asked for another chance and we are giving you one. So, you must stop doing drugs. You’re wasting our time, our test kits, and also our resources. You need to stop this, just stop it,” the court told the defendant.

BACKGROUND

In June of last year, Lauina was sentenced to 5 years, probation following a conviction for unlawful possession of meth. He was ordered to serve 20 months at the TCF, credited the 7 months he spent in pretrial confinement.

The remaining 13 months was stayed until further order of the court.