Personal – The Law Offices of Gordon Rhea Law, PC

One man acquitted, three found guilty in King Airport drug trafficking case

Gordon Rhea — Tue, 08 Oct 2013 17:17:23 +0000

ST. THOMAS — Of the four men who faced drug trafficking charges in connection with a ring based out of King Airport on St. Thomas, one was acquitted of all charges.

Marlon Underhill was a free man Saturday, as Leayle Benjamin, Aben Marrero Jr. and Michael Samuels were remanded back to the Bureau of Corrections.

Benjamin, Marrero and Samuels were found guilty of conspiracy to possess and distribute cocaine, and possession and distribution of cocaine.

Underhill will return to Atlanta, Ga., where he resides.

“I think it was clear that he was separate from the other defendants,” said Gordon Rhea, Underhill’s attorney. “I think the jury listened very carefully.”

Underhill was the only defendant to take the stand.

Jurors also heard from Thomas Bruce, who also is facing drug trafficking charges, though it is unclear in what jurisdiction since the U.S. Department of Homeland Security apprehended him in Atlanta, Ga.

The U.S. Attorney’s Office said that Bruce was offered a plea agreement in exchange for information about the rest of the drug trafficking ring.

His agreement was pending during the trial, which lasted less than a week, and the U. S. Attorney’s Office released no further information about it Monday.

A sentencing date has not yet been set for the other defendants — Benjamin, Marrero or Samuels — and their attorneys still have 60 days to review their defendants’ cases and then file post- trial motions.

“We were disappointed,” said Andrew Capdeville, attorney for Benjamin.

Benjamin, Marrero and Samuels all are from St. Thomas. Benjamin and Marrero both were employees at King Airport.

Benjamin recruited Bruce to bring about 9 kilograms of cocaine to Atlanta, according to the U.S. Attorney’s Office, which was represented by Assistant U.S. Attorney Nelson Jones during the trial.

Bruce met with Marrero at the airport in October 2011 to pick up the cocaine before transporting it on a flight, the prosecution argued. Homeland Security agents were watching Bruce and caught him and persuaded him to share information about the operation.

According to Bruce, he was supposed to meet with Underhill in Atlanta when he arrived from St. Thomas. Marrero was to arrange the meeting with Underhill.

“Nothing was ever said about drugs,” Rhea said about his client, whose voice was heard in recorded phone conversations with Benjamin, who is his uncle.

Rhea said that it was apparent that Underhill had other business with Benjamin because Benjamin owed Underhill money for a car that Benjamin had bought from him.

Evidence against the other three defendants included other recorded phone conversations, recorded video fragments and testimony from witnesses, including Bruce, U. S. Department of Homeland Security agents and a former informant for the department.

RHEA SELECTED FOR INCLUSION IN TOP 100 TRIAL LAWYERS

Gordon Rhea — Mon, 01 Jul 2013 17:16:49 +0000

Gordon C. Rhea has been selected for inclusion in The National Trial Lawyers Top 100. The Top 100 is an invitation-only organization composed of the premier trial lawyers from each state in the nation who meet stringent qualifications as civil plaintiff and/or criminal defense trial lawyers. Attorneys selected for The National Trial Lawyers: Top 100 undergo a multi-phase process which includes peer nominations combined with third-party research.

Statement by Alvin Williams Jr. Sen. Williams pleads guilty

Gordon Rhea — Fri, 18 Jan 2013 17:16:14 +0000

ST. THOMAS – Three-term V.I. Senator Alvin Williams Jr. formally pleaded guilty to a felony racketeering charge Thursday in District Court on St. Thomas.

Chief District Judge Curtis Gomez accepted the change of plea, which, according to U.S. Attorney Ronald Sharpe, could send Williams to jail for up to 20 years and require him to pay $250,000 in fines for operating and participating in a criminal enterprise whose members and associates engaged in illegal activities, including bribery, mail fraud and wire fraud.

At the change of plea hearing, Assistant U.S. Attorney Kim Lindquist outlined the following allegations, which he said the government would have proven had the case proceeded to trial:

– In September 2009, Ace Development, a company belonging to Williams’ father and in which Williams had a financial interest, received a payment of $134,140 from the V.I. government. Williams deposited the check into an Ace Development bank account and withdrew $24,000 in cash. He put $10,000 of that into an envelope and later handed the envelope to V.I. Public Works Commissioner Darryl Smalls “as a bribe for the Department of Public Works giving Ace Development work in the future.”

– In September 2007, Williams influenced and promoted legislative action in support of the Raphune Vistas housing project. In exchange, Williams asked for and received a $2 million contract for Ace Development to work on the project; the company actually received about $789,000 of that contract.

– In 2007, Williams and senior adviser Garry Sprauve solicited a $10,000 bribe from the developers of the Tutu Park Mall wind turbine project. Williams and Sprauve instructed the company to make 10 contributions of $1,000 to Williams’ campaign, leading the company to believe it was making a legitimate political donation. The company sent the money via U.S. mail, but Williams never reported it as required by V.I. law. Williams later met with the developers in his legislative office and solicited a $25,000 bribe to further promote the project.

– In summer 2010, Williams offered to give a staff member a $24,000 salary increase in exchange for the staffer splitting the raise with Williams. The unnamed staffer declined. Williams then made the same offer to Sprauve, who accepted. More than $17,000 of the money went for Williams’ own personal use.

– In 2007, Williams began employing a staff member whose “primary duty” was to complete various assignments for coursework toward Williams’ online degree through the University of Phoenix. When the staff member left, Williams had chief of staff Kim Blackett pick up where the former staff member left off. Williams also submitted false documents when applying for student loans worth $12,500 through Sallie Mae.

“I plead guilty, your honor,” Williams told the court after Lindquist read the allegations.

All of the allegations were incorporated into one count of a nine-count federal grand jury indictment charging Williams, Sprauve, Blackett and Ace Development. Sprauve, Blackett and Ace Development have pleaded not guilty.

Prior to accepting Williams’ plea, Gomez asked Williams whether he understood and agreed to certain implications of the plea. The judge told Williams a felony conviction could infringe on certain civil rights, including his ability to run for office.

Anyone with a felony conviction is barred from being a member of the V.I. Legislature, according to the Revised Organic Act of 1954.

Gomez also said the plea agreement will require Williams to accurately and completely identify all of his assets to the court and to forfeit all property involved in the transactions to which he pleaded guilty.

Williams, 34, said he understood and accepted these, and other, conditions.

Williams’ attorney, Gordon Rhea, asked the court to keep Williams’ current conditions of release – an unsecured $250,000 bond – in place until his sentencing.

Gomez agreed to do so.

Prior to the hearing, Rhea released written remarks stating it is Williams’ hope “that when the full story is finally revealed, justice will be done.”

Rhea said after the hearing that he could not elaborate on “the full story,” but his comments and the prepared remarks both point toward a widely held belief that Williams may be working with prosecutors in other investigations.

“Senator Williams is looking forward to being an instrument in bringing good, clean government to the Virgin Islands,” Rhea said. “It’s his hope that others would do the same.”

FBI affidavits associated with Williams’ case mention, in addition to his co-defendants, two other individuals tied to the V.I. Legislature: former Sen. Louis Hill and Franke Hoheb, who was chief of staff to former Sen. Celestino White Sr.

Sharpe declined to comment following the hearing.

Williams’ sentencing hearing is scheduled for April 25 at 9:30 a.m.

– Contact reporter Lou Mattei at 714-9124 or email lmattei@dailynews.vi.Former V.I. Senator Alvin Williams Jr. pleaded guilty Thursday to a felony racketeering charge related to his three terms in the Legislature. His attorney, Gordon Rhea, released the following written remarks prior to the hearing.

“Senator Williams has pled guilty.

He admits that he has done things that are wrong.

He does not offer excuses, or blame others.

He accepts responsibility for what he has done.

He has let the public down, and he apologizes for it.

Senator Williams’ plea stands as a refreshing alternative to what we have seen in the past.

His candor and acceptance of responsibility is a welcome repudiation of the culture of corruption.

Here is a politician admitting that he did wrong.

Here is a politician confessing his sins and saying, loudly and clearly, ‘We can do better.’

There are those who will demonize Senator Williams.

That is understandable.

He violated the public trust.

But there is another side to Senator Williams.

It took real bravery for him to step forward and say, ‘Here is what has been occurring in our government, and I was part of it.

It is wrong, it must stop.

I am ready to be part of the solution, not part of the problem.’

While what the senator did in the past is reprehensible, what he has done today is commendable.

His forthrightness and candor should be a model.

It is his hope that today will plant a seed for change.

It is his hope that when the full story is finally revealed, justice will be done.”

Originally published in the Virgin Island Daily News

Alvin Williams, chief of staff plead not guilty to racketeering, bribery

Gordon Rhea — Wed, 02 Jan 2013 17:15:18 +0000

ST. THOMAS – Sen. Alvin Williams Jr. and his chief of staff Kim Blackett pleaded not guilty to a number of racketeering and bribery charges in federal court Wednesday.

A trial date has been set for Jan. 7.

Garry Sprauve, Williams’ senior adviser, turned himself over to the U.S. Marshals on Wednesday morning. He was arrested just inside the front entrance to the District Court and advised of his rights.

Sprauve’s arraignment is scheduled for next Wednesday.

The indictment, which was unsealed by the court on Wednesday, also charges Ace Development – a company that Williams has an interest in, according to the federal government – with racketeering, conflict of interest and bribery.

According to the Lt. Governor’s Office Division of Corporations and Trademarks, the president of Ace Development is Alvin Williams Sr. The four parties – Ace Development, Blackett, Sprauve, and Williams – were named in an indictment filed last Thursday. The indictment was handed up after a grand jury investigation.

In October 2011, about 25 federal and local law enforcement officers raided the St. Thomas Senate building and Williams’ office. It was the first indication to the public that the senator was under criminal investigation.

The proceeds of Williams’ criminal activities totalled $1.1 million, according to the indictment.

According to the indictment, Williams is charged with nine counts and accused of:

– Attempting to bribe Public Works Commissioner Darryl Smalls with $10,000 in cash.

– Accepting bribes from the developers of Raphune Vistas.

– Accepting $35,000 in bribes from the developers of the wind turbines at Tutu Park Mall.

– Soliciting kickbacks from his own staff in exchange for salary raises.

– Committing wire fraud by using public funds to pay for courses and having staff members submit work in his name to obtain an online degree in his name from University of Phoenix.

– Misusing campaign funds and submitting false campaign disclosure reports.

At the end of Wednesday’s court proceeding, the prosecution moved to unseal the indictment. District Magistrate Judge Ruth Miller accepted the motion.

Sprauve

According to the charging documents, Sprauve is charged with racketeering, false or fraudulent claims, embezzlement, and offenses relating to public money, property or records.

Sprauve was involved in both the campaign fund misuse and false reporting, as well as the salary kickback scheme, according to the indictment.

In the summer of 2010, Williams tried to solicit kickbacks from his own staff in exchange for giving them salary increases, according to the indictment.

The staff members were supposed to withdraw a portion of the increased salary in cash and give it to Williams.

From September 2010 to July 2011, Sprauve participated in the scheme, according to the charging documents.

He also conspired with Williams to take money from a campaign account and failed to report campaign contributions, according to court records.

Sprauve was not arrested last week along with Williams and Blackett because he was out of the territory receiving medical attention, according to Williams’ defense attorney, Gordon Rhea.

Rhea stood in temporarily for Sprauve’s attorney, Mark Fury, who is from New Jersey and has not yet filled out the required paperwork to appear before the Virgin Islands court.

Miller appointed local attorney Darren Jn. Baptiste to represent Williams until Fury can take over the case.

Sprauve was released on a $100,000 unsecured bond Wednesday.

Blackett

Blackett was arrested at the V.I. Legislature by federal agents last week and released on a $50,000 unsecured bond. She appeared in court Wednesday and pleaded not guilty to the 10 charges she faces: one racketeering charge and nine charges related to fraud activity connected with computers.

According to the indictment, she was involved in obtaining an online degree for Williams using public funds.

From April 2007 to February 2008 and from January 2008 to October 2011, Williams and Blackett committed federal wire fraud as the senator sought online degrees from the University of Phoenix, according to a statement issued last week by U.S. Attorney for the District of the Virgin Islands Ronald Sharpe.

“The indictment alleges that the staff member falsely submitted various documents that were generated, created and authored by others under the direction of and in the name of Williams,” Sharpe said in the statement.

From January 2008 to October 2011, Williams and Blackett defrauded the government by using public funds for non-legislative purposes, namely pursuing an online degree for Williams, the indictment said.

Gabriel Villegas, the federal public defender, was appointed to represent Blackett.

Ace Development

The federal indictment does not detail the relationship Williams has to Ace Development, it simply says he “has an interest” in the company.

However, in his answers to a Daily News candidate questionnaire for the 2006 Voter Guide, Williams said he was the owner of Ace Development Inc.

According to the Lt. Governor’s Office, his father, Alvin Williams Sr., is the president and a director of the company; Shanell Larsen is the secretary/treasurer and a director; Jennifer Williams is a director.

The incorporators of Ace Development are listed at the Lt. Governor’s Office as Treston Moore, Charles Russell Jr. and Lindiwe Sewer.

Moore was in court Wednesday. He said he was not representing the company, but as an incorporator, he was accepting the service of summons to appear in court. He said the principles of the company will be notified.

Ace Development is charged with one count of racketeering, two counts of bribery involving federal programs and four counts of conflict of interest-bribery.

According to the charging documents, on Sept. 5, 2009, Williams gave the V.I. Public Works Commissioner $10,000 in cash in an attempt to bribe him to give contracts to Ace Development Inc.

Between Feb. 21, 2007, and Nov. 18, 2011, Williams solicited a bribe from the developers of the Raphune Vista housing development project on St. Thomas, according to the U.S. Attorney’s office. The indictment says Williams promoted legislative action and supported the authorization of funding and zoning of the project in exchange for Ace Development receiving a contract related to the construction of Raphune Vistas.

The contract awarded to Ace Development was valued at $2 million, but Ace Development only received $789,477.49, according to the indictment.

As part of the contract, Ace Development used and/or rented construction equipment to the developers, the indictment said.

Williams

Williams is charged with one count each for racketeering, conflict of interest-bribery, bribery involving federal programs, false or fraudulent claims, embezzlement, fraud activity connected with computers, and offenses relating to public money, property or records.

He is charged with two additional counts of bribery involving federal programs.

The senator is at the center of all the charges in the indictment. In addition to the misused campaign funds, the online degree, bribes to get contracts for Ace Development, and an employee kick-back scheme, Williams is also accused of soliciting bribes from the developers of the wind turbines at Tutu Park Mall.

According to the indictment, Williams solicited a $10,000 bribe – in the form of a campaign contribution – from the developers of the wind turbines at Tutu Park Mall. The court records do not indicate who the developer is, but a number of companies were involved with the project, including Green Power Electric; Dallas-based Earth, Wind and Power; and Island Wind Power.

Williams then solicited a $25,000 campaign contribution from the developer, the indictment said.

Both bribes were made to get Williams to promote legislation in support of the wind turbine project, according to the charging documents.

After the hearing Wednesday, Williams’ attorney said they look forward to a fight in open court.

“The senator holds his head high,” Rhea said. “He’s done nothing wrong, and I’m going to fight with him to clear his name.”

– Contact reporter Aldeth Lewin at 714-9111 or email alewin@dailynews.vi. Alvin Williams Jr.

– Racketeering.

– Bribery involving federal programs (three counts).

– Graft and conflict of interest – bribery.

– False or fraudulent claims upon government.

– Obtaining money by false pretense.

– Embezzlement and falsification of a public account.

– Obtaining money by false pretense relating to an online university degree.

– Offenses relating to public money, property or records.

Garry Sprauve

– Racketeering.

– False or fraudulent claims upon government.

– Obtaining money by false pretense.

– Embezzlement and falsification of a public account.

– Offenses relating to public money, property or records.

Kim Blackett

– Racketeering.

– Obtaining money by false pretense relating to an online university degree (nine counts).

Ace Development Inc.

– Racketeering.

– Bribery involving federal programs (two counts).

– Graft and conflict of interest – bribery (four counts).

Alvin

Williams Jr., 34

Democrat

Senator, St. Thomas-St. John District.

27th, 28th, 29th Legislatures.

Committees: Chairman of Human Services, Recreation and Sports; vice-chairman of Public Safety, Homeland Security and Justice; member of Health and Hospitals, Housing and Labor, Government Operations, Energy and Veterans Affairs; secretary for Intergovernmental and Territorial Affairs.

Education: 1996 graduate of Charlotte Amalie High School. Claims to have earned an AA online degree from University of Phoenix, but federal indictment puts that in question.

Community positions: Former president of St. Thomas-St. John Horse Owners Association.

Prior employment: Owner of Ace Development Inc. and general manager of Alvin Williams Trucking and Heavy Equipment Rental, which his

Legislature website says has been “contracted by the federal and local governments to provide major development services in the territory.”

Originally published in the Virgin Island Daily News

Frank and Lauritz Mills cleared of tax charges

Gordon Rhea — Thu, 21 Jun 2012 17:14:49 +0000

A federal jury handed out consecutive verdicts of not guilty in the tax fraud trial of Frank and Lauritz Mills. The jury’s acquittal of Lauritz Mills, the former director of the V.I. Bureau of Economics Research, and Frank Mills, the director of the Eastern Caribbean Center at the University of the Virgin Islands, means any conditions of restraint that had been placed against them will be vacated.

The two were arrested more than a year ago after a federal grand jury returned a three-count indictment on May 17, 2011, charging Lauritz Mills with theft of federal program funds while she worked at the bureau, according to a joint statement issued by U.S. Attorney Ronald Sharpe and Rhonda Diffenbach, special agent in charge of the Internal Revenue Service’s Criminal Investigation Division.

Lauritz and Frank Mills additionally had been charged with two counts of filing false income tax returns for 2004 and 2005.

The indictment had said that Lauritz Mills embezzled or stole benefits in excess of $10,000 from the HRSA State Planning Grant Fund and the Fiscal Year 2006 Economic Development Planning Grant Fund during a one-year period ending Dec. 31, 2006.

The indictment also charged that Lauritz and Frank Mills willfully filed a false income tax form claiming income of $77,267 in 2004 and that they willfully filed a false tax return claiming income of $101,348 in 2005.

Frank and Lauritz Mills had pleaded not guilty to all charges and requested a jury trial, which began Monday before District Judge Curtis Gomez.

In March, Gomez had granted the prosecution’s motion asking to dismiss the theft of federal program funds against Lauritz Mills, but prosecutors went ahead with the tax fraud charges against the couple.

Assistant U.S. Attorney Kelly Lake was the prosecutor on the case, while attorney Treston Moore represented Lauritz Mills and attorney Gordon Rhea represented Frank Mills.

Jurors listened to two days of testimony and were handed the case just after lunch on Wednesday. They deliberated for close to two hours before returning with the not guilty verdicts.

When contacted Wednesday night, Lauritz Mills said she was grateful for the verdicts and that she was always sure that God would see her through and vindicate her. She said she is glad the nightmare is over, and she is ready to move on with her life.

“People ask me ‘What now,’” she said. “I just want to forgive who have knowingly done wrong to us and move forward from here.”

Rhea, speaking on behalf of Frank Mills, said that he never doubted his client’s innocence and that he was glad to see that the truth vindicated him.

Originally publisjed in the Virgin Island Daily News

Lauritz and Frank Mills Acquitted on All Counts

Gordon Rhea — Thu, 21 Jun 2012 17:14:04 +0000

Lauritz and Frank Mills were fully exonerated by a federal court Wednesday after a jury acquitted them of all charges.

Lauritz Mills, director of the V.I. Bureau of Economic Research, was charged in May 2011 with embezzling federal funds and filing false tax returns. Her husband, Frank Mills, was charged with filing false tax returns. Frank Mills is director of the Eastern Caribbean Center at the University of the Virgin Islands.

The charges stemmed from a local inspector general’s audit from the case of former government aide Alric Simmonds, who was sentenced in 2008 to seven years in prison after being convicted of embezzling government funds. The audit claimed Mills knew about Simmonds’ transactions and violated procurement practices.

Lauritz Mills disputed the audit’s claims at the time in a September 2009 phone interview with the Source where she described the report as “unfair and incorrect.” In many instances, the auditors never sat down with BER employees to discuss their findings, and if they had, they would have been provided with documentation that disputes their claims, she said at the time.

In a court order filed Thursday, U.S. Magistrate Judge Ruth Miller announced the couple were acquitted and ordered that they be exonerated of their court bonds and given their passports back.

Gordon Rhea Honored by The Legal 500 US for work with RPWB

Gordon Rhea — Wed, 12 Oct 2011 17:13:31 +0000

RPWB is proud to announce the firm has been recognized in the 2011 Legal 500 US Directory for its work in toxic torts, class actions, and multi-district litigation.

Attorneys Jerry Evans and Gordon Rhea were highlighted for their work representing refinery workers as plaintiffs in toxic tort exposure lawsuits brought against Hess Oil Virgin Islands Corporation and Hess Corporation. The plaintiffs alleged that prolonged exposure to catalyst dust generated during the oil-refining process caused them harm. The confidential settlement was reached after three weeks of trial.

Link to information on Legal 500

Donastorg found not guilty

Gordon Rhea — Fri, 24 Sep 2010 17:12:21 +0000

His attorney, Gordon Rhea, patted him on the back to comfort him.

Assistant Attorney General Claude Walker and V.I. Police Detective Deborah Jack sat speechless.

Such were the reactions to the jury’s verdict: not guilty.

The jury reached the decision Thursday night in the trial of Donastorg, 47, who had faced five counts stemming from 19-year-old Keturah Ernest’s report that he assaulted her on Jan. 28. The charges were third-degree assault, two counts of aggravated assault and battery, brandishing a deadly weapon and using a dangerous or deadly weapon.

“Thank you, Jesus,” his family and supporters shouted, raising their hands in unison, prompting V.I. Superior Court Judge Adam Christian to pound his gavel to restore order inside the courtroom.

After the verdict was announced, Christian declared Donastorg, a seven-term senator, a free man.

“You have been tried before a jury of your peers and have been acquitted of all counts,” Christian said. “You’re discharged from the conditions placed on you.”

Outside the courtroom, Rhea said the verdict vindicates his confidence in the justice system.

“There were 12 people who didn’t know about the incident; they heard the case for four days, deliberated for five hours and found Sen. Donastorg not guilty,” he said. “The verdict fits the evidence. This case should have never been brought and never been in a court of law. I wish the senator the very best, and I’m sure he will continue to devote his efforts to the good of the island.”

Commenting on Ernest’s testimony, Rhea said, “It underscored her aggressiveness, her aggressive behavior and her unreliability.”

Donastorg, surrounded by an entourage of supporters and his wife, declined to comment.

Walker, the prosecuting attorney, said it was a well-fought case, one that was very tough to begin with.

“This type of case is as hard as they come, because the prosecution is fighting an uphill battle from the very beginning with the reluctant witness,” Walker said.

Prosecutors charged that Donastorg assaulted Ernest after she showed up at his Wintberg home with a friend on the night of Jan. 28.

According to a seven-page police statement that was signed and dated by Ernest, Donastorg threatened Ernest and her friend with a gun when they went to his house. Donastorg then drove Ernest to her mother’s house in Santa Maria and Ernest told police that Donastorg choked her when she did not want to get out of his car, then forced her out, threw her belongings to the ground and drove off and left her.

A month later, Ernest, through her attorney, Judith Bourne, produced a statement denying that she was assaulted.

The prosecution rested its case Friday on the testimony of Chadicia Mellow, 20, who said she was with Donastorg in his house on Jan. 28, the night Ernest came there.

Mellow told the court she presently has an intimate relationship with the senator and has been in a relationship with him for about a year. She testified that she last spoke to him Sunday night.

Mellow, who works at Kokopelli Cafe, said she met Donastorg while he was a customer at the restaurant.

Mellow had just gotten off work about 10 p.m. and drove to Donastorg’s house in her mother’s black Blazer.

Mellow said Ernest came to the house about 11 or 12 o’clock.

“The first time she came, she was knocking on the back window. He asked who it was; she wouldn’t answer. He went outside with his black-and-silver handgun. After he saw who it was, he came back inside and put the gun on the printer,” Mellow testified. “When he went outside, he said, ‘I can’t believe that —-,’ and he told her to get in the car, and they left in his black Mercedes,” she said.

Mellow said Donastorg returned to the house about 10 or 15 minutes later.

Ernest also returned later, Mellow testified.

“She came back a second time; she pounded on the back window again, and his white pit bull, Snow, was barking. He went outside and they left five minutes later,” Mellow said. “I didn’t see what they left in the second time. The first time it took him about 10 to 15 minutes to get back to the house; it took him a bit longer the second time.”

When she was being cross-examined by Rhea, Mellow went into a bit more detail.

“I was sitting on the chair eating some food I had brought from work; the senator was on his computer. The dog kept barking; somebody kept knocking on the window. He was asking who it was,” Mellow testified.

“He picked up his handgun. He opened the door, and he stepped outside. I just heard him say, ‘You have to be —-ing kidding me.’ I think she was crying. He came back inside and put the handgun on the printer.”

Mellow told the jury that she did not see Donastorg point the gun.

“When he stepped out, he closed the door and told me to stay inside, but I went to the window. He told her to get in the car. They left, they stayed 10 to 15 minutes. Then she came back pounding on the window again. He went outside, they left again. I didn’t see what car they went in, because I moved away from the window,” Mellow testified.

After the prosecution rested its case, Rhea did not call anyone to the witness stand.

Before jurors were sent off to deliberate, they listened one more time as Walker and Rhea rehashed their versions of the evidence, presenting their versions in their closing arguments.

“Each witness I presented to you gave a portion of the story. Rarely you would have a witness who would see everything that happened. Use your common sense; draw from your human experience; put these pieces together. You decide credibility,” Walker said.

“I believe when you do that, you’ll find the defendant guilty on all counts. I ask you to demonstrate the level of bravery Ms. Ernest demonstrated when she refused to be disposed of like a disposable item,” Walker said.

Rhea told the jury, however, that they could have reasonable doubt in the prosecution’s theory as he asked for a verdict of not guilty.

“We heard in this courtroom from people who actually saw the event. There were three witnesses brought to you by the prosecution — Mellow was inside the house, she saw what happened: the senator did not point the gun at anyone and no crime took place,” Rhea said. “Then we had the lady who lives across the street who said there was no threat, no assault and she didn’t notice any gun involved.

“We heard from the complaining witness who said on the night in question, she was childish, angry and she was the aggressive person,” Rhea said.

— Contact reporter Corliss Smithen at 774-8772 ext. 302 or e-mail csmithen@dailynews.vi.

Kendall Wins Judgment in Daily News Defamation Suit

Gordon Rhea — Tue, 16 Mar 2010 17:09:42 +0000

Retired V.I. Superior Court Judge Leon Kendall declined to comment Tuesday on the outcome of his defamation lawsuit against the V.I. Daily News and two of its reporters, but all three of his attorneys had nothing but high praise for the eight-member jury that came in around 3 p.m. and announced they were, for the most part, finding in Kendall’s favor.
“As one of the lawyers representing Judge Kendall, we are delighted with the verdict,” said attorney Gordon Rhea. “We are really delighted that Judge Kendall’s reputation has now been vindicated, and we felt that the jury gave very careful consideration to all the evidence.”

The mood was light in the courtroom after the jury — which asked that the clerk of the court be allowed to read the verdict instead of the traditional foreman — handed down the decision in its fourth day of deliberations.
After Kendall, his family and attorneys shook hands and embraced in the courtroom, the judge also shook hands with the jurors, as attorneys on both sides were given a chance to meet with the jury in private after presiding Judge Edgar D. Ross dismissed them.
Named in the civil suit were the V.I. Daily News Publishing Co, along with reporters Joy Blackburn and Joseph Tsidulko. In the verdict, the jury found in favor of Kendall against the Daily News and Blackburn, but in favor of Tsidulko against Kendall.

Kendall was also awarded $240,000 in damages, which Cooper said might be bumped up by interest and an award for attorney’s fees.
Cooper, an attorney from the Boston-based firm of Todd & Weld, said a finding against two out of three of the defendants was good, since it’s “very rare” for a public official to even get a defamation suit to trial, let alone prevail.
“Everything must be proven with clear and convincing evidence,” he said.
Kendall’s attorneys have said the evidence in this case was heavy, with supporting testimony from heavy hitters such as former Gov. Charles W. Turnbull and his former chief of staff Juel Molloy, along with well-known territorial Judge Verne Hodge. Cooper said Hodge’s statements on the stand indicated that Kendall — whose bail decisions have been publicly railed against and challenged by various watchdog groups — had interpreted the law “correctly” while on the bench.
“Judge Kendall devoted his professional career to the community, and we are glad to have his good name cleared,” said attorney Julie Greene, also from Todd & Weld.
The case centered on 16 of the newspaper’s articles and three specific court cases presided over by Kendall. But the jury’s decision was based on one involving Daniel Castillo, the man later sentenced to life in prison for the 2007 murder of 12-year-old La’Quina Hennis, Cooper explained.
Kendall’s attorneys have said the articles indicate Kendall released Castillo despite a history of violence — a history, they said, that was never presented to the judge.
“Really what you saw there was an immediate effort to brand Judge Kendall somehow as an accomplice to the murder of the little girl,” Cooper said Tuesday. “And the jury found that they acted to defame Judge Kendall with actual malice.”
The verdict showed that even in the face of the first amendment, the media still has a duty to “get things right,” Cooper added.
Daily News attorney Kevin Rames made it clear Tuesday that an appeal will be filed in the V.I. Supreme Court within the next 10 days.
“The Daily News respects the decision of the jury and thanks them for their service,” he said after the trial. “However, the first amendment principles protect and defend the operation of a fair press and demand that the Daily News and Joy Blackburn continue the defense of their case…. the Daily News will appeal to the V.I. Supreme Court, where we fully expect that our reporting on the activities and decisions of public officials in the territory will be supported.”