In response to a request from Chief Territorial Public Defender Julie S. Todman, Attorney General Nominee Gordon C. Rhea has expressed his willingness to cooperate in identifying cases linked to devices handled by David Whitaker’s entities. Whitaker, the former head of the Office of Data Discovery and Forensic Analysis (ODDFA) and Mon Ethos, recently pleaded guilty to federal wire fraud and bribery charges, raising concerns about the integrity of evidence in multiple criminal prosecutions.
In a letter addressed to Chief Todman on Monday, AG Nominee Rhea agreed to assist in compiling a list of prosecutions dating back to 2022, in which Whitaker’s entities provided support, assistance, or bailment services. He also committed to providing information about clients connected to devices handed over by the V.I. Police Department to Mon Ethos and other organizations led by Whitaker.
This follows a press statement issued by the Office of the Territorial Public Defender (OTPD) last week, which called for immediate transparency from the VIPD and the V.I. Department of Justice in light of Whitaker’s criminal actions. Whitaker’s companies were responsible for handling crucial evidence in various cases, some of which may now be compromised.
Chief Todman emphasized the gravity of the situation in her statement. "Virgin Islanders have been and continue to be prosecuted by evidence that was being held in trust by this now-admitted criminal, and the OTPD demands identification of those cases," she said. Todman also reiterated the OTPD’s commitment to pursuing the inquiry and taking all necessary steps to seek justice, should authorities fail to make the necessary disclosures.
AG Nominee Rhea, in his letter, stated that any defendant involved in a case connected to Whitaker’s entities is entitled to know about the connection. "A Defendant facing prosecution in a case in which any of David Whitaker’s entities received devices related to that case is entitled to be informed of that fact," he wrote, adding that the DOJ is prepared to fulfill its legal and ethical obligations.
However, Rhea cautioned that while the process of identifying the relevant cases will begin immediately, it will likely take longer than 14 days. The reason for this delay, he explained, is that the devices were initially sent to Whitaker’s company by the VIPD, not the DOJ. As a result, the DOJ will need to coordinate with the VIPD to obtain the necessary details, identify the suspects involved, gather case numbers, and confirm the defense attorneys representing each individual.
"I assure you that we will initiate this process immediately and diligently pursue it," said Rhea. However, he noted that the completion of this process depends largely on how swiftly the VIPD can gather the required information.
Rhea also suggested that Chief Todman provide a list of defendants, along with their case numbers, who are scheduled for trial in September and October. This, he said, would allow the DOJ to request that the VIPD promptly confirm any connections between those cases and Whitaker’s entities.
