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LATEST ARTICLES
Questions Remain Following District Court Ruling on Caneel Bay Resort
Third Circuit Scheduled to Hear Jackson, Other Appeals on May 16
The Third Circuit Court of Appeals is set to hear oral arguments in four local cases on May 16 on St. Thomas, including that of John Jackson, the onetime Olympic boxer who was sentenced in February 2023 to 25 years in prison on rape and child pornography charges and is seeking to suppress evidence from a search of his home that was used at trial.
Jackson was arrested on Feb. 6, 2019, and indicted two months later on charges including child pornography, transportation of a minor with intent to engage in criminal sexual activity, first-degree rape and second-degree aggravated rape.
Evidence presented at his trial and in court documents shows that Jackson trolled St. Thomas high schools and social media for his victims, including one who was 14 and in the ninth grade when they met. He was arrested after a friend of one of the victims convinced her to tell her father about the relationship, and he filed a police report. The child pornography conviction stems from a video found on the girl’s cellphone that Jackson made of them having sex when she was 15 and he was 30.
Jackson, now 35, was found guilty on all counts after a four-day trial in April 2022, and in February 2023 was sentenced to 25 years behind bars. He filed an appeal in November. Currently incarcerated at the low-security Federal Correctional Institution in Miami, Florida, according to the Bureau of Prisons website, he is represented by Matthew M. Robinson of Robinson & Brandt, PSC in Lexington, Kentucky.
Jackson contends that the V.I. District Court erred in failing to grant his motion to suppress all evidence stemming from the search of his Mandahl home on Feb. 23, 2019, which he alleges violated his Fourth Amendment rights against unreasonable search and seizure. He claims there was not probable cause for authorities to believe they would find child pornography based merely on a cell phone video of him having sex with one of the victims that was “a spontaneous one-time incident that occurred more than 30 days before the warrant application.”
In addition, the search exceeded the scope of “this overbroad” warrant, according to Jackson’s appeal, because authorities seized items and entered locations that were not listed in the warrant.
“Nothing suggested the items seized contained evidence of child pornography. Because [Homeland Security Investigations Special Agent Alicia Blyden] allowed officers to seize items beyond the scope of the warrant, her conduct transformed the search into an invalid general search,” it says.
The government claims that the “plain view doctrine” permitted the seizure of items outside the warrant’s scope, including a pillow and Gucci link bracelet that were visible in the video, brownies (several of the victims told police and testified in court that Jackson gave them marijuana and brownies laced with the drug), and drug paraphernalia.
While admitting defects in how the warrant was presented — Blyden gave Jackson and his attorney at the time the first page of the warrant listing his name and address, but not the affidavit that secured it, or the list of items authorities were looking for, as is normally required — the government argued that nonetheless, there was probable cause for its execution, and Jackson was not harmed by the violation.
V.I. District Court Judge Robert Molloy agreed, and in a ruling on Jan. 4, 2021, rejected Jackson’s motion to suppress the evidence, except to exclude the brownies that were seized during the search and later tested positive for marijuana.
The court will also hear oral arguments on May 16 in the following cases:
– USA v. Samuel Pena Columna, the former Drug Enforcement Administration informant found guilty of drug smuggling by a jury in September and sentenced in January to 30 years in prison. He is seeking to have statements suppressed that he gave to police prior to be taken into custody and read his Miranda rights. The government alleges that Pena-Columna was in his vehicle at the time and free to leave, but his appeal claims that was hardly the case when three armed officers lured him to a meeting, occupied his car, questioned him for over an hour and searched through his cell phone before making an arrest.
– Clifford Boynes et al v. Limetree Bay Ventures LLC et al, in which Limetree Bay Terminals is appealing a V.I. District Court order that it supply water to St. Croix residents whose cisterns were allegedly impacted by four toxic air releases from the oil refinery on St. Croix between Feb. 4 and May 12, 2021. Now doing business as Ocean Point Terminals, the storage facility claims that when the releases occurred, it did not own, operate or control the refinery, and that the program will potentially cost it millions of dollars.
– James Codrington v. Steadfast Insurance Co. et al, concerning the rejection of an insurance claim after Codrington was injured in an accident in 2007 while riding a motorcycle on St. Croix that resulted in the amputation of his leg.
Oral arguments are scheduled to begin on Thursday, May 16 at 9:30 a.m. in V.I. District Court on St. Thomas, with each side allotted 15 minutes to state their case.
Op-Ed: Leveraging the Power of Social Media to Empower and Engage
However, the largest impetus for this surge in productivity and innovation can be credited to the emergence of the Internet. The Internet has offered avenues in which information can be passed in seconds across the globe. It has streamlined and made timely processes more efficient, removed barriers to education and skillset development, and has been instrumental in the preservation of invaluable information.
According to the Global Overview Report produced by the digital reference library DataReportal, it is estimated that the average person spends 6 hours and 40 minutes daily on the internet, with social media platforms garnering a large chunk of that time.
The popularity of social media has reshaped major industries such as Big Media, which has had to prioritize their online viewership over their television viewership, due to many Americans now relying on social media for their daily news consumption. Social media has also revolutionized marketing. 20 years ago businesses relied on billboards and television commercials to advertise their products and services, now these organizations have turned to social media and influencers to do the heavy lifting in their advertisement efforts. A decision that has maximized profits for many institutions due to social media apps like Instagram, Facebook, and TikTok, which ensure that business promotions can be seen across much larger demographics for a fraction of the cost.
Locally in the Virgin Islands, we have seen how social media has been mobilized to support the campaigning of politicians running for office, the quick passage of pertinent information from government departments to the community, and the enhanced opportunity for communication across our multi-district territory that is comprised of four islands.
Further than that, we have seen the rise of Virgin Islanders taking a large step into the digital space, allowing an opportunity for people outside the territory to peer into the lives, culture, and values of Virgin Islanders; a crucial step in circumventing the erasure of our traditions and the stifling of our unique experiences as people who live under a colonial framework, while also upholding a culture rife with indigenous practices and wisdom.
Virgin Island’s content creators, who craft content geared toward education, empowerment, cultural preservation, and community engagement, are creating bridges across demographics that historically have always been compartmentalized in our community. This cord of connection inspires intergenerational dialogue and a more inclusive approach to solution-oriented discourse that meets the needs of our larger territory.
As the digital paradigm continues to cement its influence in the global world, and in particular on our younger generations, it’s important that we leverage the power of social media to capture the minds and hearts of our young people. Social media is an invaluable tool to support reversing the learning loss that has happened since the 2017 hurricanes and the 2020 pandemic. It also allows us a chance to include our young people in the ongoing shaping of our community through creating content that is easily digestible, engaging, and authentic to the unique Virgin Islands’ experience. These online platforms can be used to promote civic engagement, curb apathetic attitudes toward our community’s woes, and inspire new ways of perceiving old traditions.
The age of the internet has gifted us a unique occasion to strengthen the bonds of our community and to promote a Virgin Islands product that is a true reflection of the Virgin Islands’ voice; and because of the industry and innovation of our Virgin Islands content creators, the work of leveraging this tool has already begun.
Standing Ovation for GHCDS Musical ‘The Music Man’
If you are unfamiliar with the musical without giving too much away, “The Music Man” is about a con man named Harold Hill, played by Nico Forno D’Adamo, who poses as a band organizer who sells instruments and uniforms. After a town of naïve Midwestern townsfolk embraces him, a sharp librarian and piano teacher named Marian Paroo, played by Anna Simon picks up on his scheme. The rest of the film is a witty and entertaining run around to figure out this mystery man and at the same time a celebration of people and music.
Co-directors Michael Armendariz and Kiomie Pedrini and their team are responsible for putting on this production, which captivated the audience from the very first scene. Using original music from the musical, the cast impressively delivered acting, vocal performances, and choreography.
A total of 36 students from the fifth through the 12th grade are members of the cast and crew.
“In the 10 plus years that I have been producing theater at GHCDS I am always humbled by the exponential growth I get to witness in each individual student as they become courageous and take risks,” said Pedrini.
“There is a great sense of accomplishment that comes with producing a project from start to finish. From the first audition exercise to the breaking down of the set, it is a complete journey from start to finish,” she said.
Some of the behind-the-scenes team includes musical director Philippa Smith-Tyler, technical director Joseph Barnwell, choreographers Armendariz and Maya Prasad, stage manager Isabel Coursey, and costumes by Cathy Mares and Carolyn Forno.
It is no easy task putting on a production and everyone in the show had to audition. “We do a read from something from the script, a vocal audition and even a movement audition. I play several clips of different types of music to see what they can do. It’s a good two-to-three-day process for them,” said Armendariz.
Beyond the stage, Armendariz said that for students participating in acting, it helps to prepare them for the world. He said, “Whether you at some point you will have to present yourself at a job interview or defend a thesis or present an idea at work to people. Being up in front of people and public speaking is all beneficial to the students not only in acting but in life itself.”
To prepare for their performance Armendariz said that students had six weeks of rehearsals that included spring and easter break. “This was a complicated show because of the time era.”
The productions that the young actors and actresses put on are pricey as they have to purchase the rights to every musical that they perform. Then there’s also the set design, costumes, and other costs. The costs can range from 20 to 30 thousand for the musical rights alone. Therefore, for every performance, there is a reasonable cover charge of $15.00 to help with the costs.
For the first time, the students plan to perform for three weeks instead of for two weeks. The Good Hope Country Day School will continue its musical production this weekend, starting from Friday to Sunday from 8:00 p.m. sharp, and next week, May 3 and 4, at 8:00 p.m. sharp at the Good Hope Country Day School Theater. All of the proceeds go toward continuing to entertain the community and can be purchased on Eventbrite.
“Our productions are not only meant to inspire our students but inspire the community at large. Our greatest pleasure is inspiring students that do not attend GHCDS but get inspired to explore performance or even visit us because they saw our show,” said Pedrini.
Celebrating International Girls in ICT Day: Using Technology to Lead and Connect Vlogging Competition
In the Matter of the Estate of Devin Brock Fleming, Deceased
IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX
IN THE MATTER OF THE ESTATE OF: DEVIN BROCK FLEMING, Deceased. [D.O.D. August 16, 2023]CASE NO. SX-2023-PB-00128 ACTION FOR INTESTATE SETTLEMENT WITH ADMINISTRATION
NOTICE TO CREDITORS AND DEBTORS
Notice is hereby given that a Petition for Intestate Settlement with Administration has been filed on behalf of the ESTATE OF DEVIN BROCK FLEMING, deceased, and all persons having claims against the Estate are required to present them, verified by affidavit, and all persons indebted to the Estate to make payment promptly to the undersigned.
NARDA LINAREZ PETITIONER C/O WALKER LEGAL 1116 King Street, Suite 101, 1st Floor Christiansted, VI 00820 Telephone: (340) 773-0601 Fax: (888) 560-0827 info@thewalkerlegalgroup.comWAPA Celebrates Earth Day and Week of the Young Child on St. Croix and St. John
WICO Welcomes MSC Cruises ‘TV Star’ Lead Ship
WICO Welcomes Prima, Norwegian’s Most-in-Demand Flagship
Senate Approves Three-Step Financial Fix for WAPA
Lawmakers of the 35th Legislature approved a three-step solution to ease financial pressures on the V.I. Water and Power Authority. Votes taken on three bills — which also include a measure to define when a state of emergency can be declared — came in rapid succession on Thursday afternoon at the end of a six-hour session.
It was the second special session called by Senate President Novelle Francis — the first was Wednesday — in the wake of Gov. Albert Bryan Jr. declaring a state of emergency on Monday following more than a week of rotating power outages. Bryan said he would tap into funding to help cover the outstanding WAPA bills of the Waste Management Authority and the territory’s two hospitals, along with a $2.3 million payment to Aggreko, which leases WAPA a set of generators on St. Croix.
The public portion of Thursday’s Senate session, carried over live stream video, lasted about an hour. Francis convened the session shortly after 1 p.m., called for a two-minute recess and returned three hours later.
Before opening a round of debates among colleagues in attendance, the Senate president said they were still working on details of the measures sought as a solution. “ … I want to apologize for the delayed start. We continue to work through the legislation,” Francis said.
When the mostly closed-door session was over the body approved a bill reappropriating funds to meet WAPA’s current financial obligations; the measure also authorizes credits to be applied to outstanding water and power bills held by the territory’s two hospitals. Lawmakers also authorized a credit for Waste Management for its WAPA bill.
Senator Ray Fonseca, chair of the Health, Hospitals and Human Services Committee said the measure would result in trimming the bill for St. Croix’s Juan Luis Hospital and Medical Center by $2,026,000.
The credit for the Roy Schneider Hospital and Medical Center would amount to $3.6 million, Fonseca said.
A second bill approved Thursday authorizes the use of money from the Budget Stabilization Fund, also known as the Rainy Day Fund, to cover obligations incurred by WAPA through the end of Fiscal Year 2024.Sen. Alma Francis-Heyliger signaled her aversion to tapping the fund. “Unfortunately, we have to do these things at times to fend off these high rates,” Francis-Heyliger said.
Sen. Diane Capehart cautioned her colleagues to consider the funding option as a new hurricane season approaches. “Using the Rainy Day Fund is not an option without a plan to replenish it,” she said.
Francis vowed that appropriate measures would be taken. “The Rainy Day Fund has reached $21 million, and some of this will go to WAPA. But there will be some accountability,” he said.
With exasperation, the Senate president noted that Thursday’s actions were just the latest event where the Senate was called on to approve a WAPA bailout. Francis added that it would most likely not be the last.
The final element in the three-step process came with Bill No. 35-0268, a measure amending part of the Virgin Islands Code stating when and how a state of emergency can be declared. The measure inserted a new section, designating “manmade catastrophe” as a disaster created or caused by deliberate or negligent human actions. Additionally, it states that the governor “shall submit written notification to the Legislature of any actions taken under the new subsection not later than 10 days after the action is taken.”
Some senators approved the bills acknowledging that there is more work ahead to do. “Do the bills we have before us resolve the issue of timely payments to the Water and Power Authority? The answer is ‘no’,” said Sen. Donna Frett-Gregory, who sponsored two out of the three measures.
The measure will now be forwarded to the governor for signing.
