Case of Leafaitulagi Siaumau bound over to High Court
07/29/2010
District Court Judge John Ward found there was probable cause to bind over to High Court the case of a woman who allegedly tried to smuggle a large quantity of marijuana into the territory in May of 2001.
Leafaitulagi Siaumau is charged with unlawful possession of marijuana with intent to distribute. She is the mother of Siaumau Siaumau Jr.
Chief of Police Leseiau Laumoli, the only prosecution witness at Siaumau’s preliminary examination this afternoon testified that in 2001, he responded to a call from customs agents at the airport.
He said the defendant was found with illegal substances during a customs search and she was detained. Leseiau told the court that 100 rolled marijuana joints and loose green leafy substances which later tested positive to be marijuana, were found in Siaumau’s purse.
During cross examination, assistant public defender keala Ede asked Leseiau whether he recalled the weight of the loose marijuana. Leseiau didn't seem to remember that bit of information. Ede read from the affidavit in support of the arrest warrant that the marijuana weighed 10.4 grams. After the chief of police was shown the affidavit he said the information was true.
The rest of Ede’s questioning related to Leseiau’s training, and experience in drug testing.
Ede said the government did not sufficiently raise that the defendant knew the illegal substance were in her purse.
But the prosecutor, assistant attorney general Ralph Guerra said Siaumau brought in a large quantity of marijuana and the amount is consistent with a distribution operation.
Judge John Ward said the court believes there was probable cause that the crime of possession of marijuana with intent to distribute occurred and that the defendant committed the crime.
He ruled that Siaumau 's case would be bound over to High Court. Mrs Siaumau will be arraigned in High Court tomorrow.
The defense made a motion to dismiss the case because the statute of limitation bars the prosecution of a crime after three years since the alleged crime took place.
John Ward said this would have to be taken up in High Court as his role as magistrate is confined to reviewing probable cause.
The judge said at the start of the hearing that with the difficulties experienced with the polcie evidence room there were questions about whether the police still had evidence to proceed with the case. Guerra answered, "we do."
There was also heavy police presence for Mrs. Siaumau’s hearing this afternoon. The defendant is the mother of Siaumau Siaumau Jr, charged with the murder of Lt. Liusila Brown a week ago today.
Two daughters of Mrs. Siaumau who were waiting in the court foyer before the hearing started, were ordered by the court marshal to leave. The only persons who were present in the court room were attorneys, the media and police.
