ST. THOMAS – A federal judge has rejected a bid by convicted former Office of Management and Budget Director Jenifer O'Neal to keep her sentencing memorandum and 24 letters of support off the public docket, ordering her to file the memorandum immediately, ahead of her sentencing Thursday.
In an order issued Wednesday, Judge Mark Kearney granted in part and denied in part O'Neal's motion to seal, finding no basis to preclude public access to materials that must be resolved in an open courtroom. The order requires O'Neal to file her sentencing memorandum, which includes a request for a reduced sentence, along with any support letters she wishes the court to consider, redacting only the street addresses of letter writers.
The ruling came after O'Neal's defense attorney filed a motion Tuesday evening asking the court to allow the submission to be filed under seal and kept from the public docket. The motion cited two grounds: that letter writers had been promised their correspondence would remain private, and that the memorandum references discovery material still subject to a court-issued protective order. It also raised concerns about the small size of the Virgin Islands community in the event O'Neal is granted a new trial.
The topic came up at the start of Tuesday's sentencing of former VIPD Commissioner Ray Martinez. Kearney called for a sidebar with the attorneys before announcing to the court it had come to his attention that counsel for O’Neal had emailed a document on Monday evening but not filed it on the docket. Kearney called for a brief recess to allow him to read the document, as he said it could have an impact on the arguments to be heard during Martinez’s sentencing.
It was again a discussion in court this morning, ahead of the sentencing of cooperating government witness David Whitaker. Prosecutor Alexandre Dempsey told the court the United States opposed the motion and didn’t think there was anything within the documents that needed to be sealed.
Sentencing memorandums and support letters for other government officials convicted have been available on the court's public docket. Those include filings for former VIHFA COO Darin Richardson, former SP&R Commissioner Calvert White, and Martinez. Benjamin Hendricks, a private contractor and White's co-defendant, also did not seek to seal his filings. David Whitaker, the government's key witness at the center of all the cases except Richardson's, was granted permission to file his sentencing memorandums and exhibits under seal, but a redacted version was made available on the public docket — and his support letters were subsequently uploaded with minimal redactions.
READ MORE: David Whitaker presents letters of support to judge ahead of sentencing for bribery, fraud
Should O’Neal choose not to file the 24 support letters, it may have an impact on her sentencing. Kearney has made it clear in past sentencings how much he appreciates the letters, telling those convicted how much he relies on the letters of support in determining and imposing his sentence.
The documents were already overdue. A scheduling order filed in December required O'Neal's all sentencing memoranda to be submitted no later than June 3.
Richardson, White, Martinez, Hendricks, and Whitaker all filed their documents within court-issued timelines.
O'Neal was convicted in December of honest services wire fraud, federal program bribery, and conspiracy to commit money laundering. Prosecutors have recommended a seven-year prison sentence, a $100,000 fine, three years of supervised release, and a forfeiture judgment of $17,730, arguing she used her position to facilitate approval of an inflated invoice tied to a $1.48 million federally funded contract and personally benefited from proceeds of the scheme.
O'Neal is scheduled to be sentenced Thursday.
