ST. CROIX — Ahead of their bribery, wire fraud and money laundering conspiracy trial scheduled to begin with jury selection Wednesday in District Court on St. Thomas, former Police Commissioner Ray Martinez and former Management and Budget Director Jenifer O’Neal informed the court today that they have not identified any witnesses to call as part of their defense.
Both defendants had until 3 p.m. today to notify the court if they planned on calling any witnesses in compliance with a previous order or they could have faced possible sanctions.
Judge Mark Kearney, in a docket entry filed today, noted the defendants’ noncompliance with his November 6 order requiring them to file a Notice of Supplemental Voir Dire identifying a person they may call as a witness or who may be identified in a defendant’s case in chief along with the town of their residence no later than Monday.
Kearney gave the defendants until 3 p.m. today to either comply with his November 6 order or show cause in memoranda not exceeding five pages as to why the court should not impose a sanction, including monetary sanction or waiver of challenges in jury selection, upon a noncompliant defendant.
Martinez, through attorneys Miguel Oppenheimer and Juan Matos de Juan, informed the court today that he had not identified any person to call as a witness. Out of an abundance of caution, Martinez indicated that he has interviewed and/or will be interviewing four people from Charlotte Amalie, St. Thomas — Anthony Thomas, Ludrick Thomas, Dwight Griffith, and Mario Brooks — and Naomi Joseph, of Christiansted, St. Croix. He stated all five individuals could be identified in a defendant’s case in chief or called as witnesses for the defense. Martinez also reserved his right to testify at trial if he deems necessary.
Anthony Thomas, who served as Property and Procurement commissioner from 2019 to February 2023, assumed an executive role at Mon Ethos Pro Support in April 2023. MEPS was formerly owned by David Whitaker, the person Martinez and O’Neal allegedly accepted bribes from who is scheduled to testify as a key witness for the prosecution. Brooks became police commissioner following Martinez’s resignation. Joseph serves as St. Croix deputy police chief.
O’Neal, through attorney Dale Lionel Smith, informed the court today that there is no person she may call as a witness in her case in chief. Smith, in his response, indicated that he understood the court’s November 6 order to require a filing of such notice only if such a person existed, and if no such person existed the filing of a notice was not required. Smith apologized to the court for the misunderstanding, and requested the court accept his belated filing as having complied with the initial order.
Additionally, on Monday, Kearney ruled in part on a motion Martinez filed that sought to admit Whitaker’s prior convictions.
Kearney has precluded defendants from mentioning or introducing evidence of Whitaker’s convictions from April 1998 and March 2000 in the Eastern District of Louisiana (New Orleans) absent the witness or prosecution opening the door on the issue, according to the court’s order. In a footnote, Kearney noted that evidence of a conviction is inadmissible to impeach a witness if it is more than 10 years old under the Federal Rules of Evidence, unless the court decides that its probative value “substantially outweighs” its prejudicial effect. He indicated the court was not persuaded that the probative value of 25-year-old and 27-year-old convictions substantially outweighs the prejudicial effect given the Supreme Court’s shifting of the presumption for convictions older than 10 years.
Kearney has also precluded defendants from mentioning or introducing Whitaker’s 1997 Louisiana state court charges and other identified prior bad acts.
Kearney deferred decision on allowing Martinez the ability to admit Whitaker’s May 15, 2008 conviction in the Eastern District of Rhode Island until after hearing oral argument at 9 a.m. Wednesday.
Furthermore, Kearney will allow defendants to admit Whitaker’s 2024 conviction in the Virgin Islands District Court. In March 2024, Whitaker pleaded guilty to two counts of wire fraud and one count of bribery concerning programs receiving federal funds. Whitaker, founder and former owner of Mon Ethos Pro Support, also operated a subsidiary of MEPS called Office of Data Discovery Forensic Analysis. He accepted a plea agreement after planting a dozen spy cameras in various Virgin Islands government offices, bribing an agent of the Virgin Islands Police Department to obtain contracts, and attempting to defraud the Paycheck Protection Program, according to court documents.
Kearney has granted Whitaker’s unopposed motion to continue his sentencing to June 10, 2026.
READ MORE: Judge grants David Whitaker’s unopposed motion to delay sentencing in bribery case by five months
Martinez and O’Neal are both charged with honest services wire fraud, bribery concerning programs receiving federal funds, and money laundering conspiracy for allegedly accepting bribes from Whitaker. Martinez is also charged with two counts of obstruction of justice (corrupt persuasion and falsification of records).
READ MORE: Former heads of three agencies, government contractor plead not guilty to federal bribery charges
Martinez and Whitaker allegedly entered into a bribery relationship in November 2022 after the Virgin Islands Police Department retained Mon Ethos and ODDFA under Martinez’s direction to assist in analyzing a covert monitoring device discovered in a government office in May 2022. Whitaker allegedly proposed that he could help Martinez with his restaurant business, Don Felito’s Cookshop, in exchange for Martinez’s assistance in ensuring that Whitaker’s outstanding invoices to the VIPD were approved and paid. Martinez is accused of accepting at least $110,358 in bribes, some of which were allegedly paid via inflated invoices.
O’Neal allegedly used her position as OMB director to expedite payment of an inflated invoice. She is accused of accepting at least $17,730 in bribes and directing Whitaker to pay the lease for her restaurant directly to the landlord to conceal the alleged scheme.
Whitaker is expected to testify eight to 10 hours under direct examination by prosecutors.
READ MORE: Prosecutors name OMB employee, P&P commissioner among witnesses in Martinez/O’Neal bribery case
Whitaker previously testified for the government in its case against former Sports, Parks and Recreation Commissioner Calvert White. White and co-defendant Benjamin Hendricks, a government contractor, were found guilty on July 25 of accepting bribes from Whitaker. White filed a motion for a renewed judgment of acquittal or a new trial. Hendricks joined the motion. Kearney denied the request on November 14.
As Martinez and O’Neal prepare to go to trial Wednesday, WTJX will provide coverage of the proceedings via “Trial Watch” on its social media channels: YouTube.com/wtjx and Facebook.com/wtjx. Subscribe or follow to be alerted when the program goes live.
