ST. THOMAS – The attorney for Jenifer O’Neal raised the possibility of severing her case from that of her co-defendant Ray Martinez, noting that the defendants might present conflicting defenses at trial.
This was one of three potential issues raised during a status conference today by attorney Dale Smith, counsel for the former director of the Office of Management and Budget who is accused of bribery and wire fraud alongside former Police Commissioner Ray Martinez.
“The first issue concerned the possibility of a severance, as counsel believed that one or more of the defendants might present a defense at trial adverse to the other,” U.S. Magistrate Judge Alan Teague said in an order issued following the hearing.
While his order provided no other details on the nature of the potentially conflicting defenses, Teague did note that any motion for severance must comply with the upcoming deadline for pretrial motions, as well as with the policies and procedures of Presiding Judge Mark Kearney.
O’Neal’s attorney also raised concerns about the possibility of a proffer that “may have been made” by her co-defendant, Martinez.
O’Neal’s attorney argued that this information would constitute Brady material and have to be disclosed. Brady material is information that could help a defendant’s case and must therefore be disclosed by the prosecution.
However, the prosecution disagreed. Attorney Alexandre Dempsey told the court that the United States had produced all known discovery to date, including all of what it considered to be Brady material.
The final issue raised by O’Neal’s attorney related to the court's exhibit list deadline and the introduction of exhibits at trial, something Teague again advised counsel to raise through motion practice before the upcoming deadline.
Despite these issues, both defendants indicated they expect to be ready for the trial, which is still scheduled to begin on December 3.
