On Monday, Governor Albert Bryan Jr. held his second press conference of the day where he confirmed what had been whispered for the last week or so — the nomination of Gordon Rhea as the territory’s next attorney general. 

“Attorney Rhea brings to this role a wealth of experience and a proven record of service and legal acumen that is simply unparalleled,” Governor Bryan said, listing Mr. Rhea’s academic credentials from Indiana University, Harvard University and Stanford Law School. The governor pointed to Rhea’s experience as a criminal defense attorney in Los Angeles during his early career and his work in Washington D.C. in the legal offices of the Senate Select committee on Intelligence Activities as evidence for his fitness for the task at hand. So does his over 40-years of practice in the Virgin Islands first as assistant U.S. Attorney, and then in private practice. 

“His firm tackled some of the most challenging cases our community has faced, including landmark litigation against major industrial giants over toxic exposures, and environmental damages, actions that have safeguarded our workforce and our natural resources for decades. His work in the islands has been nothing short of transformative, achieving the largest civil jury verdict in our history, in a case pivotal to public health,” Governor Bryan said as he lauded Mr. Rhea’s work in winning a historic judgment against R.J. Reynolds and settlements in cases against Hovensa, Lockeed Martin, Alcoa, and the owners of a local alumina refinery.

In brief remarks, Mr. Rhea said that he was “excited” about the prospect of taking on the job, after which Governor Bryan brushed off concerns of possible conflicts of interest arising from his nominee’s previous work representing one of the defendants in the suit the Virgin Islands filed against the estate of Jeffrey Epstein. “He has the ability to recuse himself from any case where he feels that he may be in jeopardy” of a conflict, the governor said. 

Mr. Bryan said he anticipated making some progress on spending some funds from that lawsuit that were earmarked for the Justice Department, provided that when confirmed, Mr. Rhea disagrees with his predecessor that legislative approval would be a prerequisite. Once placed under the control of the V.I. DOJ, “we could start doing some of the anti-trafficking initiation and policies that we want to put in place.”

Gordon Rhea was honored with the highest award during the Virgin Islands Bar Association’s annual meeting on December 8, 2023. The award ceremony highlighted Rhea’s dedication to the legal profession and his commitment, dedication and valuable contributions to the people of the Virgin Islands.

The Winston A. Hodge Award for Public Service was established by the Board of Governors in 1997 to commemorate the exemplary legacy of Winston A. Hodge, a distinguished member who embodied the values of community service, commitment, and dedication to the legal profession. Known as the “Dean” of the Bar, Winston A. Hodge made significant contributions to bar activities and left an mark on the legal community.

The recipients of the award are individuals who have demonstrated the same ideals and commitment that the late Attorney Hodge stood for. By honoring those who follow in his footsteps, the award continues to celebrate and preserve the spirit of public service within the Virgin Islands legal community.

Gordon C. Rhea Resume here.

Learn more about Gordon C. Rhea, Esq. and his law practice here. 

More than a decade after he was charged with racketeering, fraud and embezzlement, St. Thomas attorney Amos Carty Jr. has been cleared of wrongdoing at the Schneider Regional Medical Center.

A three-judge panel at the Virgin Islands Supreme Court reversed Carty’s 2019 conviction in an appellate ruling delivered on Thursday.

In an opinion written by Chief Justice Rhys Hodge, the justices said the legal advice Carty provided to the hospital’s chief may have been wrong, and Carty himself may have gained financially, but prosecutors failed to prove he did so with an intent to break the law.

“For reasons that follow, we reverse all of his convictions and direct entry of a judgment of acquittal on all counts,” the chief justice wrote.Advertising

A high court panel consisting of Hodge, Associate Justice Maria Cabret and Designated Justice Curtis Gomez heard oral arguments in Carty’s appeal on Oct. 12. Associate Justice Ive Arlington Swan recused himself from the case, according to court documents.

Attorney Gordon Rhea, representing Carty, told justices that prosecutors from the Justice Department “failed to prove that any of his conduct was unauthorized and that even if it was he lacked the intent to violate the law or commit fraud due to his reliance on advice from numerous lawyers, auditors, and accountants.”

Carty served briefly as Schneider Regional’s chief executive officer following the departure of Rodney Miller in 2007. Prior to that, Carty held the post of chief operating officer at a public health facility where he began as legal counsel in 1999. He was removed from the top spot by the hospital’s board of directors in 2008 after an audit report by the Office of the V.I. Inspector General raised allegations of corruption against Miller, Carty and then-Chief Financial Officer Peter Najawicz.

The three top executives at Schneider Regional were accused of concocting a scheme where they would compensate themselves and each other with perks, benefits and allowances well above their authorized salaries, without approval from the hospital board. Hospital board chairwoman June Adams was arrested along with Miller, Carty and Najawicz in October 2008, but Adams was acquitted two days after the start of the first corruption trial in 2011.

That trial lasted six weeks and ended in a hung jury; the judge declared a mistrial. The then-Attorney General Vincent Frazer vowed to stage a retrial. Eight years passed before the criminal case returned to Superior Court. In November 2019, a jury found the three defendants guilty of multiple offenses.

In December 2019, Rodney Miller was sentenced to 10 years in prison. Carty and Najawicz were sentenced to one year apiece, but were given a chance to delay the start of their sentences by meeting conditions set by the court. Miller’s co-defendants both filed appeals to the Supreme Court.

“We won,” Rhea said after receiving the ruling on Thursday. “On behalf of Amos Carty, we thank the Virgin Islands Supreme Court for its thoughtful and fair opinion. Amos Carty has been vindicated, and justice has been served.”

V.I. Superior Court Judge Michael Dunston wrote in a scathing 24-page opinion that hospital officials’ actions were so egregious, Titus is entitled to reinstatement — and a full six years’ worth of back pay.

“The hospital has failed to present any documentary evidence to this court to substantiate any allegations against Dr. Titus justifying his termination,” the judge wrote.

Dunston also ordered the Luis Hospital governing board to “void the false and unqualified report to the National Practitioner Data Bank,” which has kept Titus from finding employment as a surgeon anywhere in the country.

“I was 49 when this happened and I’m now 56. The prime years of my career were lost,” Titus said in a recent interview. “I lost everything. I lost my family, I lost my home, I had to move back in with my mom. It’s been a complete disaster.”

Titus credited his perseverance in the case.

“I’m sure this kind of stuff has happened to other physicians in the past, I’ve heard stories like that. But no one’s ever stuck it through,” he said of pursuing court action to its conclusion. “This is why we barely have any physicians here — they get away with it.”

Dunston ordered that Titus be reinstated by April 15.

His attorney, Gordon Rhea, said that Titus is anxious to get back to work.

“I am pleased to report that the since the issuance of Judge Dunston’s Order, the hospital has responded in a positive and cooperative manner and is taking the steps necessary to bring Dr. Titus back on staff and to restore his license and good standing in the medical community,” Rhea said.

Luis Hospital’s legal counsel, Chivonne Thomas, did not respond to a request for comment from The Daily News.

Rhea said he’s “relieved and gratified” by Dunston’s opinion, which clearly states that “the hospital acted in a spiteful manner in flagrant disregard of the law and its own procedures.”

“In wrongfully discharging Dr. Titus and smearing his reputation with no basis in fact, the hospital not only damaged a talented professional, but it deprived the Virgin Islands of the essential services of a dedicated and knowledgeable native son,” Rhea said.

The week he was fired in November 2013, Titus said he’d found cancer in three people without insurance, and was preparing to perform their surgeries for free.

“All three of them died with the cancer, never having had the surgery,” Titus said. “This is the impact this action had on this community that nobody knows about.”

Born and raised on St. Croix, Titus said his childhood dream was to be a surgeon, and he graduated from the University of Miami before doing eight years of research and medical school, six years of residency with a year of pediatric surgery, and spent 10 years practicing in Florida.

Titus became the youngest chief of surgery ever at the 500-bed Holmes Regional Medical Center before returning home to St. Croix in April 2010 to work as Chief of both Surgery and Emergency Medicine at Luis.

Titus said he built a busy private practice, started an air ambulance company, and “turned the surgical services around” at Luis. He stated that he went out of his way to provide St. Croix residents with the best medical care possible, offering colonoscopy screenings on Saturday so patients didn’t have to take time off work, and ordering new equipment for advanced procedures.

Titus also did extra community service in his limited free time, such as installing $7,000 worth of new furniture in the Luis waiting room, and sponsoring a table for 10 at a University of the Virgin Islands fundraiser so at-risk students selected from local schools could hear an inspirational speech by Dr. Ben Carson, long before he was pegged as HUD secretary under President Donald Trump.

“No other physician did anything like that, and because of that some of them started talking about me,” Titus said. “I’m just trying to contribute to my community and do something helpful, and that drew ire.”

A year after his termination, Luis officials conducted a “fair hearing,” that upheld Titus’s firing, according to Dunston’s opinion.

But Dunston wrote that the hearing officer, Judge Darryl Dean Donohue, was so horrified by the panel’s blatant violation of its own rules of procedure, he “felt compelled to meet with the panel afterwards and wrote a letter expressing his negative impression of what had transpired.”

For years, Titus said he struggled with the slow pace of the legal system, but remained determined to clear his name.

“I knew that what they did was wrong. I knew it. It was clear as day what had happened,” Titus said. “All of a sudden my career was over and I never had a chance to speak.”

For two years after he was fired “I stayed at home, I went through a depression,” and “I’ve cried many nights over this stuff because I took so much pride in the reputation I established in my community.”

Other attorneys were of little help, and it wasn’t until Rhea took on the case that Titus said he began to see real progress. Unable to work as a surgeon, Titus started experimenting with all-natural ice cream recipes and founded Sorbetiere Creamery while he waited for his day in court.

While the years of heartbreak and financial ruin can never be undone, Titus said he’s relieved to at least have his reputation restored. He can now begin regaining his surgical skills under proctorship by colleagues — and is still pursuing claims against 18 individuals involved in his firing.

“I’m just happy now that the truth is out, the truth is in black and white from Judge Dunston,” Titus said.

The civil trial involved two separate six-person juries hearing arguments in the case, said Gordon Rhea, who tried the case along with Michael Weisman and Russel Pate before St. Thomas Superior Court Judge Michael Dunston.

Jevon Gerald, the son of Lucien Evans England Sr., and Christian Brown, the son of Patrice Hale Brown, sued U.S. tobacco manufacturer R.J. Reynolds over their parents’ deaths from smoking-related illnesses in 2010.

Dunston ordered both cases combined for what eventually became a five-week trial, Rhea said.

“In cases where there are two different families involved, there’s always a chance that there will be spillover prejudice,” he said.

That means that the result of one of the trials could impact the other.

So Dunston ordered one jury empaneled for Gerald v. R.J. Reynolds, and a second jury empaneled for Brown v. R.J. Reynolds. Where the cases overlapped, attorneys for plaintiffs and the defendants made their case to both juries. Where testimony focused on one of the cases, jurors for the other case would retreat to the jury deliberation chambers. Attorneys also tried to cluster case-specific testimony on single days, so jurors for one case could take the day off.

In the Brown case, jurors awarded $70 million in compensatory damages — damages related to the loss of a loved one — and $12.3 million in punitive damages — damages designed to punish Reynolds for the actions of Lorillard, the original manufacturer of Newport cigarettes.

In the England case, Gerald v. R.J. Reynolds, jurors awarded $1 million in compensatory damages and $30 million in punitive damages.

England became addicted in his youth, when he discovered sample bags of Newport cigarettes hanging unattended from doorknobs in a New York apartment building where he was visiting. Patrice Hale Brown, a hotel owner, became addicted on a visit to Florida in her teens, according to Rhea. Both England and Patrice Hale Brown returned to the Virgin Islands after becoming addicted, and died in the territory.

England died of bladder cancer and cancer of the larynx. Brown died of lung cancer, according to attorneys in the case.

Appeals are general practice in large-verdict cigarette cases, which often see large totals reduced. A full appeal on the case before the V.I. Supreme Court could take a year, Rhea said.

Weisman is an attorney for the Boston-based nonprofit Public Health Advocacy Institute, whose president Richard Daynard issued a statement praising jurors following the verdict’s announcement on Friday.

“The juries saw through the defendant’s con game: they addicted these two smokers through deceptive advertising and free samples, made thousands of dollars of profits from their subsequent purchase of Newports, and then tried to blame them for their ‘irresponsible’ decision to keep using these products,” Daynard’s statement reads.

for more information:

http://www.virginislandsdailynews.com/news/st-thomas-juries-award-million-in-smoking-lawsuits/

Rare Double Jury Trials

The cases were tried simultaneously, with both 6-person juries together hearing evidence common to both cases, and each separate jury hearing issues such as medical testimony that was specific to its case. These are the first tobacco cases to be brought in the U.S. Virgin Islands, the first tobacco cases tried together in this way, and among the largest verdicts achieved to date in individual tobacco litigation.

PHAI President (and Northeastern University law professor) Richard Daynard commented: “We are delighted that two juries independently concluded that Newport’s original manufacturer, Lorillard, and its successor company R.J. Reynolds, sold an unreasonably and unnecessarily dangerous product, marketed it by use of fraud, fraudulent concealment, and conspiring with the other major cigarette producers, and engaged in outrageous conduct with evil motive or in reckless or callous disregard of the rights or safety of others. The juries saw through the defendant’s con game: they addicted these two smokers through deceptive advertising and free samples, made thousands of dollars of profits from their subsequent purchase of Newports, and then tried to blame them for their ‘irresponsible’ decision to keep using these products. The smokers in these two cases were among the more than 20 million Americans who died of cigarette-caused deaths since the first Surgeon General’s Report in 1964.”

Background

Patrice Brown at 16 when she left the USVI to attend 10th grade in the States in Florida. She was given her first cigarette by a friend in the school’s dorm (Students were allowed to smoke in the school dorms in the 1960s). After having that cigarettes, she decided to by a pack of cigarettes of her own. She chose Newport due to the advertisements which linked Newport cigarettes to clear, clean and pure water of the Caribbean and the healthy and fun beach and water activities. Of note is the “Hint of Mint” and “Refreshing” language in the ads.

Lucien England, the decedent in the Gerald case, began smoking Newport cigarettes as a child, when, as part of a nationwide marketing campaign, free samples of the cigarettes were hung from the doorknobs of the apartment building where he grew up. His death was caused by bladder cancer from smoking Newports.

The case was brought by St. Thomas attorney Russell Pate, and tried by attorneys Michael Weisman and Gordon Rhea, with the assistance of PHAI attorney Meredith Lever. Mr. Weisman is a counsel with PHAI. With the Brown case, Weisman reprised his 2010 success in the case of the late Marie Evans, in which a Boston jury awarded $71 million in compensatory damages and $81 million in punitive damages against the maker of Newport cigarettes for causing Evans’ premature death from lung cancer.

“This verdict is historic. It is one of the largest verdicts nation-wide for individual smoker cases,” Mr. Rhea told The Consortium via email on Sunday. “I believe it has sent a powerful message to big tobacco and hopefully will help public health organizations in their quest to keep big tobacco honest about the health effects of their products, not only on cigarette smokers, but the dangers of second-hand smoke on the people around them.

“Russell Pate and I are proud to have been part of this monumental effort and express our respect and gratitude to the jurors and to the court. This is indeed an historic verdict that sends a powerful message. As for the potential for more smoking cases in the territory, I believe that our verdict signals that those suffering the ill effects of smoking and the families of deceased smokers should certainly investigate whether relief in courts is available.”

• Brown v. R.J. Reynolds Tobacco Co. = $70 m compensatory + $12.3 m in punitive damages
• Gerald v. R.J. Reynolds Tobacco Co. = $1 m compensatory + $30 m in punitive damages

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