Former Customs agent convicted of pot possession sentenced

Pago Pago, AMERICAN SAMOA — A former Customs agent, Teni Luamanu, convicted of possession of marijuana received a huge break from the court when his period of detention was suspended by the court. He appeared yesterday morning for sentencing.

Luamanu appeared in court last month for sentencing, however, Chief Justice Michael Kruse continued the hearing until yesterday morning, because he wanted the contraband brought into court for review before the court delivered its decision.

Before Luamanu’s case was continued from last month, the court heard submissions from lawyers and the defendant’s statement.

Luamanu, who was out on a $5,000 surety bond, was represented by Assistant Public Defender Rob McNeill while Assistant Attorney General Doug Lowe prosecuted.

Luamanu, 47, was initially charged with one count of unlawful possession of marijuana with intent to distribute; and one count of unlawful possession of marijuana —both felonies.

But under a plea agreement with the government, accepted by the court, he pled guilty to the amended charge of unlawful possession of marijuana, a class D felony, punishable by up to 5 years in jail, a fine of up to $5,000 or both.

Luamanu admits that on Dec. 1, 2017 he had on him, 2 plastic baggies containing marijuana. According to terms of the plea agreement, Luamanu’s conviction stems from a drug bust at the Post Office. He retrieved a package that was addressed to him — a package that had been sitting at the Post Office for more than a week and apparently let off a strong odor of cannabis.

When Luamanu went to pick up his package, agents discovered 2 pounds of marijuana inside.

When given the chance the address the court last month, Luamanu apologized to the court for his actions and begged for a second chance to continue his service for his family, church and village.

“I apologize to the court for being foolish your honor,” Luamanu said with tears in his eyes.

“I made a terrible mistake that affected my family, especially my wife and children. I was tempted by the devil to do bad things while at the same time, tried my best to develop my family and my life. Please, forgive me and give me another chance because I don’t want to go to jail.”

At the end of his statement, Luamanu told the court that he deserved to be punished because he broke the law. He then said that he will accept whatever punishment the court imposes.

Defense attorney asked the court for a probated sentence for his client, saying that the incident was an isolated situation and that his client is a working man who works very hard for his family.

As a result of his actions, McNeill told the court that his client lost his job. He’s now working as a groundsman for a private school to earn money to care for his wife and children.

McNeill further pointed out to the court that his client is a suitable candidate for a probated sentence. He’s 47 years old and this is the first time he has gotten into trouble in his life. He’s truly remorseful for his actions and takes full responsibility for what he did.

Prosecutor Doug Lowe recommended a probated sentence, saying that this is the defendant’s first conviction and he showed he’s truly remorseful.

When the case was called in court yesterday morning, DPS Evidence Custodian, Off. Zenobia Jennings brought the contraband to the court.

While Kruse, along with Associate Judge Muasau T. Tafili were reviewing the contraband on the bench, McNeill informed the court that according to his client, that was not the box that contained the drugs that belong to him.

Kruse told the defense’s team, “If you want to file a claim against the government regarding the contraband, you can do it later but not this time.”

“Do you have a problem with the contraband?” Kruse asked the defense.

McNeill replied, “Yes your honors. My client has just told me that the contraband that was presented by the government contained too many baggies of drugs.”

Luamanu added his own explanation to the court and said that the drugs were contained inside a small speaker, which was placed inside a blue box, not the box that was presented by the evidence custodian to the court.

Kruse was not satisfied. He ordered the court marshal to hand over the contraband to the defense team.

“Mr. McNeill, I want your client to take the stand and be sworn in to tell the court his knowledge about the contraband. But before you do that, I want you to carefully examine the contraband with your client.”

Prosecutor Lowe intervened and told the court that he strongly opposed the defense’s statement regarding the contraband. He told the court that the defendant is appearing in court for sentencing and if he has a problem with the evidence, he should have asked for the evidence to be brought into court during his Change of Plea (COP) hearing.

Kruse smiled and told Lowe, “This is freedom of the press.”

While McNeill and his client examined the evidence, Kruse ordered the Clerk of the Court to give them two masks to wear.

After reviewing the evidence, McNeill was seen speaking to his client for a moment before he informed the court that his client had decided not to take the stand to testify about the evidence. His client wished to go with the evidence the government has provided to the court.

A recess was then called.

DECISION OF THE COURT

Luamanu was sentenced to 5 years imprisonment and a $2,000 fine. Execution of prison term is suspended and the defendant is placed on probation for 5 years subject to usual conditions, including attending and completing substance abuse counseling, and being subject to random testing to ensure he’s in compliance of the stay clean condition.

He was also ordered to serve a period of detention of 20 months at the Territorial Correctional Facility (TCF) without any release. However, execution of the period of detention shall commence upon the defendant’s departure from his current employment.

A review hearing to see if the defendant has complied with conditions of his probation is now set in another 6 months.

“Sir, you better thank your lawyer you did not take the stand, and if you don’t comply with these conditions, you will spend the next 5 years of your life at the TCF,” Kruse told the defendant.

BACKGROUND

According to the government’s case, Luamanu went to the Post Office to pick up a package that was addressed to him on the morning of Dec. 1, 2017. The package had arrived on Monday and sat there for days until Luamanu showed up to claim it.

When the defendant arrived to get the package, Customs agents who were on duty carried out a routine check of the package. And when they opened it, they found an estimated two (2) pounds of marijuana inside.

The Customs agents then alerted the detectives of the DPS Vice & Narcotics Unit and the defendant was taken in for questioning by police before he was escorted to the TCF for the usual 48-hour hold while the Attorney General's Office finalized the charges against him.

When questioned by investigators regarding this case, Luamanu admitted that the drugs belong to him.