ST. CROIX — The governor has nominated an experienced law enforcement leader to fill a vacancy on the Virgin Islands Parole Board, which is currently one member short of the quorum needed to legally conduct business.
Roy L. Moorehead Jr., who states on his LinkedIn page that he has 30 years of experience in law enforcement, security, and property management, is Governor Albert Bryan Jr.’s nominee to represent the St. Thomas/St. John District on the Parole Board.
In a July 14 letter to Senate President Milton Potter requesting the Legislature’s advice and consent on Moorehead’s nomination, Bryan urged the lawmaking body to take timely action to advance the nomination to prevent any delays in the official functions of the Parole Board.
Senator Carla Joseph, chair of the Committee on Rules and Judiciary, which will hold a confirmation hearing to begin the approval process of Moorehead’s nomination, said her office issued a notice to the nominee initiating the required vetting process after receiving the governor’s letter. If his nomination clears Joseph’s committee, it will go to the full body of the Legislature for a vote.
As part of the Senate’s standard review, Moorehead was required to submit a series of forms and questionnaires by Friday, Joseph said. As soon as she receives the required documents, Joseph said her office will initiate a background check through the Virgin Islands Police Department.
The senator, however, expressed concern over persistent delays in obtaining previous background checks from the VIPD. She said she wrote to the governor earlier this year, requesting support to improve the process.
“I have not received any response from the governor on that,” Joseph said. “The Police Department has been trying their best, but they definitely can do better. They need additional resources to address some of those issues.”
Joseph said Moorehead’s nomination is a high priority, so she will move quickly to bring him before her committee for his confirmation hearing.
“My office works very expeditiously to move these nominations forward, because we understand keenly how important their roles are in the processes that they are undertaking,” she said.
Joseph commended Moorehead for volunteering to serve on the Parole Board.
“I really want to commend him for saying yes,” she said. “It’s not an easy thing for anyone to say that they are going to provide this type of service to the people of the Virgin Islands, which is very much needed.”
The governor, in his nomination letter, wrote that Moorehead “brings valuable experience due to his former capacities as director of the Special Investigation Division and special agent of the Department of Justice.” Additionally, the governor noted that Moorehead is “an accomplished veteran who has served federal, territorial, and executive posts with integrity and sound judgment.”
The governor nominated Moorhead to serve on the Parole Board after filing a lawsuit through the Virgin Islands Department of Justice against the current board members on May 30, claiming the board lacked a quorum to legally act.
Superior Court Judge Alphonso Andrews Jr. subsequently granted the government’s motion for a temporary restraining order, postponing a series of Parole Board hearings that were scheduled to begin on June 2.
The lawsuit challenges both the quorum status of the Virgin Islands Parole Board and the parole eligibility of four inmates under a new law signed in January 2024. The suit seeks a court order declaring the inmates ineligible for parole under Act No. 8791, which created medical and geriatric parole pathways. It also argues the law unconstitutionally violates the separation of powers outlined in the Revised Organic Act.
Three of the inmates — Warren Ballentine, Beaumont Gereau, and Meral Smith — were convicted of first-degree murder for the 1972 Fountain Valley Golf Course shooting, in which eight people were killed. Each received eight consecutive life sentences. Two other men, Ishmael LaBeet and Raphael Joseph, were also convicted in the case. LaBeet escaped to Cuba in 1984 after hijacking an American Airlines flight while being transferred in federal custody for a court appearance. Joseph was pardoned in 1992 and died in 1998.
The fourth inmate, Tydel John, a former elementary school teacher who sexually assaulted six of his female students, was convicted in 2014 of aggravated rape and unlawful sexual contact. He received multiple 15-year terms for unlawful sexual contact running concurrently with a 50-year term for aggravated rape.
All four inmates applied for nonmedical geriatric parole under the new law. Their parole hearing was scheduled for June 7, but the TRO prevented it from happening.
The four inmates are named as defendants in the lawsuit along with the four members of the Parole Board — Dennis Howell, Chesley Roebuck, Bentley Thomas, and Attorney General Gordon Rhea, an ex officio nonvoting member.
The governor’s complaint argues that with fewer than four voting members, the board lacks a quorum and cannot legally act.
If a board vacancy is not filled within 60 days and the result is that the board lacks a quorum, all official actions of the board shall be null and void from the expiration date of the 60-day period until a quorum is established by filling the vacancy, according to the VI Code, Title 3, Section 65a(b).
Assistant Attorney General Christopher Timmons, the DOJ’s Civil Division chief who filed the governor’s lawsuit, told WTJX ahead of the June 3 court hearing granting the TRO that any past action the Parole Board has taken to grant parole without a quorum would be invalid. According to testimony at the TRO hearing, the board has operated without a quorum since December 5, 2022. The Parole Board has since granted parole to several inmates.
A preliminary injunction hearing set for June 11 was delayed by agreement of the parties. Instead, a status conference was held, and the court extended the TRO until a final decision is reached on the merits of the case. Timmons represented the governor during the status conference. Attorney Vincent Colianni II represented the four inmates, and attorney Pedro Williams represented the members of the Parole Board.
All three attorneys agreed to submit cross-motions for summary judgment, a process to resolve the case without trial. The central issues are whether the Parole Board lacks a legal quorum and whether Act No. 8791 unlawfully alters parole eligibility for inmates sentenced before its passage. Cross-motions were due July 15, with opposition briefs due by August 15. The hearing on the merits of the case is scheduled for 10 a.m. September 8.
