Copyright virginislandsdailynews
The judge overseeing Calvert White’s criminal case wants to hear more from White’s defense attorney about a pending request for a new trial. U.S. District Court Judge Mark Kearney entered an order Wednesday, scheduling a telephonic hearing for Nov. 6 after “finding questions warranting oral argument after studying Defendant White’s Motion for new trial.” The motion filed by defense attorney Clive Rivers was joined by White’s co-defendant, Benjamin Hendricks, who is being represented by attorney Darren John-Baptiste. White, the former commissioner of the V.I. Department of Sports, Parks, and Recreation, was found guilty by a jury on July 25 alongside Hendricks, a government contractor and owner of A Clean Environment maintenance company. Both men were convicted of honest services wire fraud and bribery, and were allowed to remain free pending sentencing, which is currently set for Jan. 22. In his motion for a new trial, Rivera argued that Kearney improperly answered a question from the jury: “Is it common knowledge that text messages, WhatsApp or phone calls when individuals in the U.S. Virgin Islands use networks, systems or servers outside the U.S. Virgin Islands and constitute a wire transaction in interstate commerce?” The judge explained to jurors that communication via telephone, internet, text messages, “or other similar means of communication qualifies as interstate wire communications under the act. That addresses — that’s the legal question posed at least by this statement. I cannot answer the fact question that’s raised here. That’s something you have to decide, not us.” According to Rivers, “Mr. White has met his burden for an acquittal, or a new trial because he has established that he would have been acquitted of honest services fraud had the jury not been instructed that all his on-island communications via texts and whatsapp should automatically count as interstate commerce. The evidence failed to support such a finding, but the judge gave a legal instruction that negated the need for the jury to find a crucial factual element of Count One.” In response, prosecutors argued that the claims “are without merit,” and the court “identified a potential point of confusion within the question and attempted to provide a legal standard to answer that question and clear up any uncertainty.” At trial, prosecutors introduced testimony from a FirstBank manager, Herbert Vega-Lopez, who explained that Hendricks received an electronic transmission in his account on Jan. 3, 2024, from another contractor named David Whitaker, which “would have to go through servers located in Puerto Rico.” Prosecutors also noted that the defense motion “only addresses the defendants’ convictions under Count One,” wire fraud — and does not address the bribery count.
