Former Dept. of Sports, Parks and Recreation Commissioner, Calvert White.
The former commissioner of the V.I. Department of Sports, Parks and Recreation is pushing back against the government's attempt to classify the case against him as complex.
As they indicated they would do during the first court appearance of Calvert White, Benjamin Hendricks, Ray Martinez and Jenifer O'Neal, the sheer volume of discovery material has prompted prosecutors to seek to certify the case as “complex”, which they did in a motion filed with the court on January 16. “It would be extraordinarily difficult for the United States to properly organize, categorize, and produce one (1) set of complete discovery within the standard time allotted,” the motion says. “It would equally be impossible for the defense to review the records for the purpose of preparing for trial within the normal timeframe for a speedy trial,” government lawyers argued.
Should the court accede to the request from the prosecution, strictures and deadlines normally in place to ensure a speedy trial would no longer apply. Attorneys for Mr. White took exception to that possibility, and opposed the idea of designating the case as complex. “At this juncture, nothing has occurred suggesting any need for extended deadlines beyond the normal periods set forth in the Speedy Trial Act,” they argue.
Mr. White's defense attorneys also declared that suggestions of an ongoing investigation into Mr. White's alleged crimes are problematic, “considering White's right to due process.” If the investigation is indeed still in progress, defense lawyers say, it “proves that the United States has not substantiated its charges against him and signals both a hurried Indictment and trampling of his due process protections.” Mr. White should not have to forfeit his right to a speedy trial because the government is unprepared, his attorneys argue. If prosecutors are indeed not ready to move forward under the usual deadlines, “the appropriate resolution at this point is dismissal,” the defense says.
In any case, the motion to designate the case against Mr. White and Mr. Hendricks as complex should be denied at this point, the defense argued.
Martinez, O'Neal, and White are facing federal indictments in connection with a fraud case involving Mon Ethos founder David Whitaker, who has pleaded guilty to wire fraud and bribery.
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