ST. CROIX — Former At-Large Senator Steven Payne Sr. has filed three motions in a Florida court seeking to block prosecutors from introducing evidence of alleged prior misconduct involving three female accusers, including the minor at the center of his current criminal case.
Payne is facing one count of sexual battery on a person over 12 but less than 18, stemming from an incident alleged to have occurred between August 1, 2018 and February 27, 2019. The case is being prosecuted in the Circuit Court of the Fourth Judicial Circuit in and for Duval County, Florida.
On July 14, Payne’s attorney, Dale Carson, filed motions to exclude evidence of alleged prior acts involving three female accusers: the minor involved in the current case, a former legislative employee, and a mentee who accused Payne of misconduct in 2005.
One of the alleged victims is a former staffer from St. Thomas who filed a sexual harassment complaint against Payne, leading to his expulsion from the Legislature on July 20, 2022. In response, Payne sued the Legislature in Superior Court, claiming wrongful expulsion without statutory authority. The case was transferred to the Virgin Islands Supreme Court, which on March 22, 2024, dismissed the lawsuit with prejudice, meaning it cannot be refiled.
READ MORE: Supreme Court dismisses former Sen. Payne’s lawsuit against Legislature claiming wrongful expulsion
The same staffer later filed a civil lawsuit in Superior Court on St. Thomas accusing Payne of assault and false imprisonment for allegedly locking her in his King’s Alley Hotel room on February 28, 2022, following a Senate committee meeting on St. Croix. She claims he brandished a firearm in the hotel room and later defamed her in public interviews by calling her a liar in response to her harassment claims. She also accuses him of a breach of peace, alleging he engaged in a pattern of threats and coercion to force her to submit to unwanted sexual advances.
The civil suit, filed on February 26, 2024, also names as defendants the 34th Legislature, former Senate President Donna Frett-Gregory, and Marisel Castor, who served as assistant executive director of the Legislature. They are accused of invasion of privacy, intentional infliction of emotional distress, and negligent infliction of emotional distress.
READ MORE: Former-Sen. Payne staffer files civil lawsuit; includes Legislature, Sen. Frett-Gregory in suit
On August 15, the plaintiff, Dene Dessuit, through her attorney Kareem Todman, filed a motion urging the court to rule on three outstanding motions. Todman noted that two motions have been pending for over a year, in part due to the untimely death of Dessuit’s former attorney. The court has not yet ruled on an August 8, 2024 motion seeking entry of default against co-defendants Castor and Frett-Gregory, an August 19, 2024 motion to serve process upon Payne via publication and for extension of time, and a July 30 motion requesting a second extension of time to serve Payne with the complaint.
Frett-Gregory told WTJX the attorney representing the Legislature in the case responded to the complaint, suggesting it was not a matter that required her to respond as an individual.
“In my capacity as Senate president, the Legislature hired counsel to address this issue,” she said.
Meanwhile, Florida prosecutors have notified the court of their intent to introduce evidence at Payne’s criminal trial regarding his interaction with Dessuit at the King’s Alley Hotel. They allege that Payne, while on a business trip, took Dessuit’s luggage to his room, brandished a firearm, and began undressing, prompting her to retrieve her belongings and flee.
Prosecutors also intend to introduce evidence from 2005, alleging that Payne — then a sergeant with the Virgin Islands Police Department — attempted to sexually assault a female mentee while training her in defense tactics on a beach.
Additionally, prosecutors plan to present evidence that in 2017, Payne allegedly took the minor to a theme park in Osceola County, Florida, then undressed in a hotel room, had her massage his thighs, and ultimately forced her into the shower, where he made her bathe with him.
Prosecutors are seeking to admit this evidence under Florida’s “Williams Rule,” which allows evidence of prior bad acts if it is relevant to proving motive, opportunity, intent, or other material facts.
Carson argued the alleged acts are not relevant to the current charge and, even if deemed relevant, their prejudicial impact outweighs their probative value. He further contended the inclusion of such evidence would confuse the jury, distract from the core issues, and jeopardize a fair trial. The defense has asked the court to grant all three motions and exclude the alleged prior acts from being introduced at trial.
