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Young woman doesn’t lose probation after testing positive for ‘ice’

American Samoa High Court building
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A young woman who tested positive for methamphetamine while on probation was given one more chance by the High Court to prove herself and show she can change her life and become a productive member of the community.

Julie Uiese, who has been in custody since she was arrested in June of this year appeared in High Court last Friday for a Disposition Hearing (DH). However, Chief Justice Michael Kruse continued her DH to this past Monday because he wanted the defendant tested for meth.

When Uiese’s case was called in court this past Monday, a probation officer who took the witness stand told the court that Uiese had tested negative for methamphetamine.

When given the chance to address the court, Uiese, a mother of three young children apologized for violating conditions of her probation

“I want the court to know that I have learned my lesson while I was in jail and I want to go back home to be with my kids and do something good for my family —especially my parents,” said Uiese, adding that she wants one more chance to prove herself to the court.

She promised the court that this would be her last time to appear before the court for any crime.

Defense attorney, Rob McNeill told the court that his client tested positive one week after she was released from the Territorial Correctional Facility (TCF) after serving her period of detention of 6 months.

McNeill told the court his client is a young mother who can change her life and be a mature person in the future. He said that his client is a very intelligence young woman who can change her life and walk away from drugs, however, she needs counseling to help with her addiction problem.

McNeill asked the court for another chance for his client to continue on with probation instead of it being revoked.

Kruse asked McNeill how many chances he wants the court to give his client — as according to probation, they’re sick and tired of the defendant being in and out out of probation.

McNeill replied by saying that his client made a big mistake when she tested positive for methamphetamine while on probation.

Prosecutor Laura Garvey echoed the defense’s submission and told the court that this is the type of person for which Probation was made.

Kruse fired back asking the government’s attorney if she thinks the court is a baby-sitting service.

McNeill told the court that his client needs counseling to help her with her drug problem.

Kruse said that the submission by the defense sounds like the court is a social worker. “We’re not, that’s your job,” he told the attorney.

The CJ further stated, “if you don’t give us tools, there are only empty submissions. That’s why I said — we’re not in a baby-sitting service.”

According to the court, not only are we dealing with methamphetamine and marijuana, but now we’re also dealing with cocaine as well.

Before delivering a decision, the court took into account submissions from attorneys, the Pre Sentence Report and also the statement by the defendant. The court also noted that the defendant was in custody for 45 days for this OSC.

For violating conditions of her probation after testing positive for meth, the court decided not to revoke the defendant’s probation but ordered her to serve 45 days at the TCF. She will be credited for the 45 days she already served while awaiting the outcome of her case.

Upon release from custody, the defendant shall visit probation everyday for 30 days, and she will also be tested everyday day to make sure she is in compliance with the condition of remaining drug free.

The court reminded the defendant that missing a day is a violation of probation.

BACKGROUND

Uiese, who was convicted for unlawful possession of methamphetamine was sentenced to 5 years imprisonment and a $2,000 fine. Execution of detention was suspended and the defendant was placed on probation for 5 years subject to several conditions.

She was ordered to serve 20 months at the TCF without any release, however, the court stayed 14 months of detention, and ordered the defendant to serve only 6 months.

Uiese was also ordered not to consume or possess any alcohol or illegal drugs, and she must seek and secure gainful employment within the first 90 days after she is released from jail.