ST. THOMAS – A federal judge has denied motions from former Police Commissioner Ray Martinez and former Office of Management and Budget Director Jenifer O’Neal seeking to overturn their federal corruption convictions, while also rejecting a request from the key government witness in their case to delay his own sentencing by a day.
District Judge Mark Kearney issued the rulings Thursday, accompanied by a 48-page memorandum laying out his reasoning for upholding the jury’s verdicts against both defendants.
“As always, the rule of law applies to everyone regardless of their temporary power and influence,” Kearney wrote in the opening sentence of the memorandum.
Martinez and O’Neal were convicted on December 11, 2025, following a weeklong trial on federal charges of honest services wire fraud, federal program bribery, and conspiracy to commit money laundering. Martinez was also convicted of obstruction of justice. Both are scheduled to be sentenced in June.
“These two former senior government officials now ask us to set aside the unanimous verdict from a twelve-person jury who heard all the evidence,” Kearney continued. “They repeat arguments they made to the jury. The adduced evidence overwhelmingly confirmed the officials’ disregard for the rule of law. We decline to set aside the jury’s considered verdicts.”
Kearney rejected every argument raised by the defense. Martinez had argued the prosecution relied too heavily on cooperating witness David Whitaker, a five-time convicted felon whose testimony he characterized as uncorroborated and unreliable, and that his role in approving invoices amounted to little more than a routine administrative function. The judge disagreed, writing that Martinez’s approvals, signatures, and justification letters “were not merely informal support or access” but official steps taken by the head of the Police Department.
O’Neal had argued the $17,730 lease payment she received for her coffee shop was a gift from Martinez rather than a bribe, and that she never should have been tried alongside him. Kearney rejected both arguments, finding sufficient evidence she had agreed to accept a future reward in connection with government business. He also found she had waived her severance argument by never filing for one before or during trial and taking no position when Martinez did.
Kearney closed his memorandum writing that the evidence confirmed both Martinez and O’Neal had sold public trust “to help fund their dreams of restaurant and café entrepreneurs in addition to drawing salaries from the public trust.”
In a separate but related case, Kearney also denied a motion by Whitaker to push his June 10 sentencing back by one day so it would fall after O’Neal’s scheduled June 11 sentencing citing scheduling issues. Whitaker, who pleaded guilty to wire fraud and bribery charges and testified against both defendants, had argued he should be sentenced after all defendants he helped convict so he could seek the full benefit of his cooperation agreement with the government.
Sentencing dates remain: Martinez on June 9, Whitaker on June 10, and O’Neal on June 11.
