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Govt withdraws motion to dismiss Atofau case
Monday,
June 22, 2009
The government is proceeding with the prosecution of the drug case of Punaloa David Atofau.
Last month the government moved to dismiss charges of possession of drugs and possession with intent to distribute, filed against Atofau in 2007. The government said that 24 grams of crystal methamphetamine seized from the defendant’s home and tested by the Drug Enforcement Agency, as well as $6,000 in cash had been removed from the Department of Public Safety evidence room. It said it cannot proceed with the prosecution without this evidence.
The High Court two weeks ago ordered that the government submit further justification as to why it cannot proceed with the prosecution. The court pointed out that marijuana which was also seized from the defendant’s home was not among the items that were missing.
On Friday, the government responded to the court order and filed a motion to withdraw the motion to dismiss. According to the motion, on June 19th, Assistant Attorney Genera’s Lisa Teesch Maguire and Charles Lee accompanied by counsel for Atofau Sharon Rancourt and Captain Mauia and Lieutenant John Cendrowski were able to view all evidence currently held by DPS in this case.
The evidence includes multiple quantities of marijuana, a variety of plastic baggies, a digital scale, pairs of scissors and ammunition casing. No methamphetamine nor any quantity of money was present although a quantity of methamphetamine and money were collected during the search warrant executed on Atofau’s home.
The government noted that the Drug Enforcement Agency tested the alleged methamphetamine collected in this case and confirmed the same to be methamphetamine before this article of evidence was removed. Additionally the DEA label on evidentiary exhibits that contain what appear to be various quantities of marijuana indicate those exhibits were sent to the DEA to be tested and were also subsequently returned to DPS.
Specifically, the label attached to a bag of suspected marijuana and a suspected marijuana cigarette were tested by the DEA on April 25th 2007. The Attorney General’s Office is now trying to locate the test results on those items. The government therefore requests the court to allow it to withdraw its previously filed motion to dismiss and proceed with the prosecution of Punaloa David Atofau.
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