ST. THOMAS — A federal judge appointed attorneys for two former Virgin Islands public officials charged with bribery during a status conference today in District Court on St. Thomas until they retain private counsel due to fast-approaching deadlines.
Magistrate Judge G. Alan Teague also ordered attorneys representing another former public official and a government contractor in a related bribery case to file notices of appearance after receiving an update during a separate status conference today.
Ray Martinez, former commissioner of the Virgin Islands Police Department, and Jenifer O’Neal, former director of the Office of Management and Budget, are accused of bribery and wire fraud along with former Sports, Parks and Recreation Commissioner Calvert White and a government contractor, Benjamin Hendricks. Martinez and O’Neal are charged together in one case, while White and Hendricks are co-defendants in a separate case.
The U.S. government, represented by Assistant U.S. Attorneys Michael Conley and Alexandre Dempsey, filed a motion Wednesday requesting the judge to schedule an expedited status conference after learning O’Neal was still in the process of potentially hiring a new attorney after being represented on a limited basis during arraignment by attorney Treston Moore. The prosecution noted in its motion that O’Neal’s pro se status complicates the government’s efforts to comply with a court order directing counsel to meet and confer no later than Friday with regards to discovery.
O’Neal told the court she was working on retaining an attorney who is prepared to submit his notice of appearance Friday. Moore, who appeared in court alongside O’Neal today on a limited basis, told the judge he had not been retained.
Teague pointed out it had been 13 days since O’Neal’s arraignment, noting a 70-day period from her initial appearance on January 10 until her requested speedy trial. O’Neal told the court she wanted to be represented by a court-appointed attorney until her private counsel files his notice of appearance, admitting that she did not understand the charges against her after hearing the judge list all the implications of representing herself pro se. Teague signed an order today appointing attorney William Morrison to represent O’Neal until she retains private counsel. O’Neal has until January 31 to file a financial affidavit with the court.
Attorney Michael Sheesley, who represented Martinez on a limited basis at his arraignment and during today’s hearing, told the judge he could not fully represent Martinez until he receives a retainer and signed engagement letter. Teague discussed the upcoming deadlines, noting attorneys are scheduled to meet and confer on discovery issues by Friday as the discovery deadline approaches on January 31. He questioned when Martinez would retain Sheesley.
“That decision needs to be made today,” Teague said.
Martinez told the judge he wanted to have the court appoint him an attorney until he officially retains Sheesley. Teague signed an order today appointing attorney Miguel Oppenheimer to represent Martinez until he retains private counsel. Martinez has until January 31 to file a financial affidavit with the court.
Dempsey, one of the prosecutors who appeared in court with Conley, requested additional time beyond Friday to meet and confer on discovery issues with Martinez’s appointed counsel. Teague told him to try and meet, urging him to file a motion if additional time is needed. Dempsey noted that Sheesley and Martinez are bound by a protective order, asking if the appointed counsel would also be bound. Teague clarified that anyone brought into the case must abide by the order.
The court on Tuesday granted an unopposed motion submitted by the prosecution granting a protective order concerning the disclosure of discovery material to Martinez considering the confidential and law enforcement sensitive information that might be disclosed. The order limits those who would be permitted to view the discovery and requires Martinez to only use the discovery material and its content solely in connection to the case. The order further protects personally identifiable or sensitive information, requires the secure return of classified documents inadvertently produced by the U.S. government during discovery, and requires all discovery to be destroyed by the defendant or returned to the prosecution within 60 days following the conclusion or appeal of the proceedings.
O’Neal and Martinez are scheduled for trial on March 17.
While O’Neal and Martinez requested court-appointed attorneys pending retainment of private counsel, White and Hendricks appeared before the court for their status conferences with their retained attorneys.
Attorney Clive Rivers, who represents White, told the court that White retained him today. Teague ordered him to file a notice of appearance today.
Dempsey told the judge the government was unsure if it would be able to meet and confer with Rivers by Friday, noting the attorney had ignored three emails. Teague told Rivers he must communicate with the prosecutors, directing him to meet with Conley after today’s hearing and meet with the prosecution again on Friday.
Teague said White opposed the government’s motion to certify the case as complex, noting he denied the motion because the defendants did not have attorneys. Dempsey clarified the government would not be refiling any motion to certify the case as complex. Teague requested that the government file a formal notice of withdrawal of the motion.
Attorney Darren John-Baptiste, who represents Hendricks, said he was retained but did not know if he had filed a notice of appearance. Teague asked him to file his notice of appearance today. John-Baptiste complied with the judge’s request.
White and Hendricks are scheduled for trial on March 18.
Martinez and O’Neal are both charged with five counts of honest services wire fraud scheme, one count of bribery concerning programs receiving federal funds, and one count of money laundering conspiracy. Martinez is also charged with two counts of obstruction of justice. White and Hendricks are both charged with one count of honest services wire fraud scheme and one count of bribery concerning programs receiving federal funds. All four defendants pleaded not guilty to various charges during their initial court appearance and arraignment on January 10.
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All four defendants are accused of accepting bribes from David Whitaker, founder of the cybersecurity firm Mon Ethos Pro Support. Whitaker, who also operated a subsidiary of MEPS called Office of Data Discovery Forensic Analysis, has accepted a plea agreement. Whitaker, who is represented by attorney David Cattie, pleaded guilty to two counts of wire fraud and one count of bribery concerning programs receiving federal funds.
Whitaker’s sentencing date is scheduled for April 7, but Cattie and federal prosecutors filed a joint motion today to continue sentencing until after January 5, 2026. The U.S. government anticipates calling Whitaker as a cooperating witness at two different trials that are not expected to conclude until the end of the year, according to the motion. Continuing Whitaker’s sentencing would allow for the court to consider his testimony prior to sentencing.
