ST. CROIX — Former Police Commissioner Ray Martinez submitted a renewed post-trial motion filed in District Court today seeking a judgment of acquittal on all counts following his bribery conviction alongside co-defendant Jenifer O’Neal, former director of the Office of Management and Budget.
On December 11, 2025, Martinez and O’Neal were found guilty of honest services wire fraud, federal program bribery, and conspiracy to commit money laundering, with Martinez also convicted of obstruction of justice. Both have filed motions for judgment of acquittal and are scheduled to be sentenced in June.
While Martinez filed a renewed motion for acquittal that argues the prosecution’s evidence is legally insufficient to sustain convictions on any count, O’Neal has been granted extra time to file supporting memorandum for her motion for acquittal.
Martinez’s 23-page motion, submitted by attorneys Miguel Oppenheimer and Juan Matos de Juan, argues the prosecution relied heavily on a single, unreliable cooperating witness, David Whitaker, a five-time convicted felon whose claims were uncorroborated and whose conduct — including planting surveillance devices in government offices — undermines his credibility. The motion lays out a four-layer analysis: reviewing the evidence, mapping it to statutory elements, assessing whether the elements were proven, and identifying reasonable alternative explanations. The defense contends the government’s case fails at every stage.
The motion challenges key elements of all four counts, particularly those tied to a government contract with Whitaker’s former company, Mon Ethos Pro Support. The contract was independently initiated, approved by the attorney general and governor, and processed through multiple government layers before Martinez’s limited involvement. The first invoice was authorized by Acting Police Commissioner Jason Marsh while Martinez was away for medical treatment. The defense says this contradicts the prosecution’s claim that Martinez controlled payments in exchange for bribes.
Martinez’s attorneys argue payments from Whitaker were legitimate and openly made under attorney-reviewed agreements, and trips cited by prosecutors as bribery evidence were for documented medical treatment, including brain surgery, corroborated by case agent and assistant testimony. The motion also challenges the money laundering and obstruction counts, noting that if bribery or fraud charges fail, related counts collapse.
District Judge Mark Kearney must now determine whether a reasonable jury could find Martinez guilty beyond a reasonable doubt. The court could acquit, allow the verdict to stand, or order a new trial. Martinez’s renewed motion builds on his initial filing from January 8.
As Martinez renewed his motion for acquittal, O’Neal has requested more time to file a brief in support of hers.
On Tuesday, O’Neal’s attorney, Dale Lionel Smith, cited the need for additional time to review the trial record and prepare a comprehensive brief in support of O’Neal’s Rule 29 motion for judgment of acquittal and Rule 33 motion for a new trial filed on December 24, 2025.
The court approved O’Neal’s request, setting a new filing deadline of April 7. Kearney noted that the extension would not affect O’Neal’s scheduled sentencing date, and both the prosecution and co-defendant counsel did not object.
