Court denies Motion to Suppress in cocaine case against Mapo

Pago Pago, AMERICAN SAMOA — After reviewing evidence presented by the government during a Motion to Suppress hearing last Friday for the defendant Gaisoa Mapo, accused of unlawful possession of cocaine, Chief Justice Michael Kruse has denied the defense’s motion, saying that there was probable cause that led to the arrest of the defendant after which drugs were allegedly discovered in his possession on the night of July 25, 2020.

Last week, Mapo, who is out on bond, appeared in court for a hearing. He is represented by private attorney Marcellus Talaimalo Uiagalelei while prosecuting the case is Assistant Attorney General Kristine Soule.

Mapo is charged with one count of unlawful possession of cocaine, a felony, punishable by a term of imprisonment of not less than five years nor more than twenty years and a fine of not more than $20,000, or both.

THE HEARING

According to the government’s four witnesses who were called to testify during last week’s hearing, two men were arrested on the night of July 25, 2020 and later charged for unlawful possession of drugs as a result of a traffic stop initiated in Iliili, after several police officers observed a vehicle overtaking cars at the Ottoville intersection near the old Argosy building in the Tafuna area.

Four men were inside the vehicle when police approached. One of them was Matavale Fiu, one of the co-defendants in this matter.

Faiai said as other officers were dealing with the driver, he saw co-defendant Fiu, who was seated behind the driver’s seat, moving around. He then instructed Fiu to exit the vehicle. As Fiu exited the vehicle, Faiai recognized him from a previous matter. He then detained Fiu and placed him inside one of the police units while checking with his Watch Commander for any outstanding warrants against Fiu.

While officers were dealing with the issue of the vehicle being pulled over, another vehicle pulled in, and a male, who identified himself as Gaisoa Mapo (co-defendant) approached Faiai and asked if he could speak to his brother, Fiu.

According to Faiai, he allowed Mapo to speak to Fiu despite the fact that Fiu was already detained at the time and he was inside a police unit. Faiai assigned Officer Kuresa Gago to watch over Mapo and Fiu after he was asked to drive the vehicle that was pulled over during the traffic stop to the Tafuna Police Substation (TPS).

In cross examination, defense attorney Uiagalelei asked Faiai whether Mapo did something wrong when he spoke to Fiu. Faiai responded, “no”.

“You also authorized Mapo to talk to Fiu?” Uiagalelei asked Faiai. Faiai replied, “yes.”

Officer Gago, who was the government’s second witness, confirmed to the court that he was instructed by Faiai to observe Mapo and Fiu while they were talking. He said the conversation lasted about ten minutes, but he was unable to hear it because they were whispering. However he observed Mapo allegedly tapping on Fiu’s chest.

Gago then instructed Mapo to move away from the police unit and he complied and peacefully walked away. As Mapo was stepping away from Fiu, Gago observed a plastic baggie in Mapo’s hand. Gago said the plastic baggie in Mapo’s hand contained white powder. Gago asked Mapo what he was holding, but Mapo refused to show him.

According to Gago’s testimony, it was at that time Mapo started to make loud noises and saying, “There’s nothing on me.” Gago immediately informed Sgt. Coffin regarding the situation.

“Do you know what the white powder was that was inside the plastic baggie Mapo was holding?” the government asked Gago.

Before Gago could respond to the question, defense attorney, Uiagalelei objected, saying the witness has no knowledge about the white powder.

When asked about his training as a police office, Gago said he graduated from the 27th Police Academy where he received training on how to deal with criminal investigations and traffic stops. He never received any training on how to identify drugs.

During cross examination, Uiagalelei reminded Gago about his written statement to police regarding what happened. In his statement, Uiagalelei told Gago that he never mentioned seeing Mapo taking away something from Fiu. Gago replied, “That is correct.”

“You only saw Mapo tapping on Fiu’s chest?” Uiagalelei asked, and the witness responded, “yes.”

Uiagalelei asked the witness why Mapo was arrested on the night of the incident. Gago said Mapo was arrested pursuant to an order from Sgt. Coffin after Mapo started to made unreasonable noises and continued refusing instructions for a body search.

The government’s third witness, Sgt. Coffin stated that she was the one who dealt with the driver of the vehicle that was pulled over by police during the traffic stop. However, she was alarmed by Mao asking loudly at the scene, “Why I am being searched?”

Sgt. Coffin said while she was asking Mapo why he was being loud, PSO Gago  informed her about the plastic baggie containing white powder in Mapo’s hand.

Based on her training and 26 years experience in dealing with traffic stops like this, Sgt. Coffin stated that she believed that Mapo had drugs on him at that time. That’s when she instructed Mapo to be patred down, but he refused. She instructed Mapo multiple times to submit to a pat down but he continued to refuse and resist. That’s when she instructed officers to arrest Mapo who was later transported to the Tafuna Police Substation (TPS) for further investigation.

At the TPS, Sgt. Coffin then asked Mapo to empty his pockets. As Mapo removed his belongings a plastic baggie containing white powder fell out from his pocket. The items were immediately seized and the Vice and Narcotics Unit (VNU) were notified.

In cross examination, Uiagalelei asked the police sergeant what charges Mapo was arrested for at the scene. Sgt. Coffin said Mapo was arrested for PPD (Public Peace Disturbance) and resisting arrest.

Sgt. Coffin stated that after the plastic baggie containing a white powder was discovered on Mapo, Sgt. Poutoa Iamanu Jr of the VNU was notified to take over the investigation.

As the fourth witness, Sgt. Iamanu Jr testified that after he took over the investigation, he then interviewed all officers involved in the traffic stop, and the defendanta Mapo.

During his investigation, Mapo was released to go home that night after he discovered that there were no grounds to support the PPD and resisting arrest charges against him. The white powder was turned over to the VNU for testing and Mapo was informed that he would be brought back for further investigation once the test result was available.

FINAL ARGUMENT

In closing arguments, prosecutor Soule told the court that she believes that there was probable cause that led to the arrest of Mapo on the night of the incident where a plastic baggie containing a white powder substance was discovered in his possession. Soule further argued that the arrest of the defendant was lawful.

Defense attorney, Uiagalelei on the other hand disagreed. He stated that it was clear from the evidence why Mapo was arrested at the scene. He said it was Gago who reported the plastic baggie containing a white powder to Sgt. Coffin that led to the arrest of Mapo.

Gago, according to Uiagalelei is a police officer for 7 months and he had received no training on how to investigate cases involving drugs. However, he made the conclusion that Mapo was holding a plastic baggie containing a white powder; and Sgt. Coffin relied on Gago’s observation and later ordered the arrest of Mapo at the scene.

Uiagalelei further stated that his client was initially charged with one count of unlawful possession and one count on unlawful possession to distribute, however, the second count of unlawful possession to distribute was kicked out by the District Court during the preliminary hearing.

Before the recess was called, the court asked why an officer allowed the defendant to talk to a prisoner and have physical contact with someone who was already detained, unless “it was a sting operation.”

After the recess, the court stated that after reviewing the evidence, the motion to suppress evidence was denied. The court stated that evidence clearly indicated that the defendant was arrested after his action before officers. He also refused a pat down and was later transported to the police station.

While at the police station, drugs were discovered and that’s when officers opted to drop the lesser charges and go for the felony charges against the defendant.

Mapo, who is out on bond is scheduled to appear in court on Jan. 27 for his pretrial conference.

BACKGROUND

Co-defendant Matavale Fiu, also appeared in court last week for a motion to suppress hearing, however, his case is now continued until a later date.

Fiu, who was released on bond is charged with one count of unlawful possession of cocaine, a felony punishable by a term of imprisonment of not less than five years nor more than twenty years and a fine of not more than $20,000, or both.