Drug defendant set for disposition hearing later this month

Pago Pago, AMERICAN SAMOA — The 43-year-old man who was sentenced by the High Court last October to 5 years probation, after being convicted of bringing inside his luggage a small quantity of marijuana, is scheduled for a disposition hearing later this month, for not complying with conditions of his probation.

Iosefo N. Sagote was placed on probation for 5 years, without any jail time. There were conditions of release that he had to abide by.

Court records show that when Sagote failed to visit the Probation Office in November 2018, he was contacted the following month to come in for his monthly visit, pursuant to the court's order.

A drug test was administered when Sagote visited the Probation Office in December 2018, whereby he tested positive for marijuana and methamphetamine.

This is according to a report from the Probation Office.

After the result was revealed to Sagote, he refused to accept it and he told the probation officer that he needed to go to the LBJ Hospital lab to have his blood drawn, because he didn’t agree with the test results.

Several witnesses including a doctor, two specialists from the LBJ lab, and several probation officers were called to testify during Sagote’s OSC hearing last December.

After the hearing, the court was satisfied that Sagote failed to comply with conditions of his probation, as he tested positive with marijuana and methamphetamine.

According to court records, this is the second time Sagote tested positive for illegal drugs.

BACKGROUND

Sagote was arrested in January 2018 after Customs agents at the Tafuna Airport found a foil pipe containing marijuana inside his luggage when he entered American Samoa. During a normal Customs check, when passengers arrive at the terminal, a K-9 dog alerted to Sagote's bag.

While he was out on a bond, awaiting the result of his case, Sagote was arrested on June 29, 2018 after he tested positive for marijuana.

Sagote was sentenced to one year imprisonment and a fine of $5,000. Execution of the sentence was suspended, and he was placed on probation for 5 years subject to certain conditions. He was ordered to pay a $2,000 fine, to be deducted from his $3,000 bond. He was also ordered to remain drug and alcohol free, and be a law abiding citizen.

“Mr. Sagote, it's up to you to decide whether you want to live in jail or live at home,” Chief Justice Michael Kruse told the defendant when he was sentenced in October of last year.