Key witness credibility questioned in Martinez–O’Neal corruption
Defence attorneys in the corruption trial of former U.S. Virgin Islands official Michael Martinez and co-defendant Lashawn O’Neal sought to undermine the credibility of key witness and Mon Ethos Pro Support founder Mark Whitaker, but Judge Mark Kearney sharply limited how much the jury can be told about Whitaker’s past. The court allowed only the bare fact of a 2008 Rhode Island conviction and sentence to be disclosed and barred detailed cross-examination of the underlying conduct; opening arguments are scheduled for Thursday, Dec. 4 at 8:30 a.m., VINO reported.
Thomas, defence lawyers pressed the court to attack the credibility of Mark Whitaker, founder of Mon Ethos Pro Support, whom prosecutors say worked with former USVI official Michael Martinez and co-defendant Lashawn O’Neal to accelerate payment of allegedly inflated invoices so the trio could enrich themselves at public expense.
From the outset, defence lawyers characterised Whitaker as a “serial liar” and urged the jury not to credit his testimony, arguing his involvement in a major fraud case nearly two decades ago demonstrated a long-standing pattern of deceit, VINO reported. Attorneys Miguel Oppenheimer and Dale Lionel Smith — with Juan Matos de Juan also representing Martinez — asked the court to allow broad cross-examination into Whitaker’s 2008 conviction in U.S.
District Court in Providence, Rhode Island, tied to his former electronics company Mixitforme, Inc. That earlier case, the defence told the court, involved allegations that Whitaker took millions from roughly 83 business customers and a credit card processor for bulk electronics orders that were never delivered, used fake tracking numbers and false customs explanations, submitted false financial records to obtain card processing, and arranged a job offer for a bank manager in exchange for unauthorised letters of credit.
Whitaker pleaded guilty to wire fraud, conspiracy to commit wire fraud, money laundering and commercial bribery, was ordered to pay about $10.06 million in restitution and received a 70-month federal prison term imposed in 2011; records cited by VINO indicate his sentence was reduced in part for cooperation in a separate federal investigation and he was released from custody around 2012.
Judge Mark Kearney curtailed the defence’s effort, ruling that under Federal Rule of Evidence 609(b) — which restricts use of convictions more than ten years old to impeach a witness — and Rule 404, the court would allow only the bare fact of Whitaker’s conviction and sentence. The judge barred any cross-examination into the underlying Rhode Island misconduct, calling the defence’s attempt “Classic 404b” and saying “there will be no evidence of the Rhode Island matter admitted to this courtroom,” VINO reported.
Department of Justice trial team, led by Trial Attorney Alexandre Dempsey, had opposed extensive use of the 2008 case. Separately, the court flagged the defendants for failing to comply with a November 6 order requiring a Notice of Supplemental Voir Dire listing potential defence witnesses and their towns.
Judge Kearney gave the defence until 3 p.m. to comply or to file a short memorandum explaining noncompliance or face sanctions that could include fines or loss of jury-selection challenges. Defence counsel said Martinez has interviewed or may interview five potential witnesses — Naomi Joseph of Christiansted, St.
Croix, and Mario Brooks, Dwight Griffith, Ludrick Thomas and Anthony Thomas of Charlotte Amalie, St. Thomas — and Martinez reserved the right to testify. Jury selection drew roughly 45 potential jurors before producing a panel of 15 (11 women, 4 men); the panel was dismissed for the day and opening arguments were set for Thursday, Dec. 4 at 8:30 a.m.
VINO noted the case has drawn regional attention because of concerns about public procurement and transparency. After proceedings, Martinez told reporters he is confident he will be vindicated; O’Neal declined comment when asked, according to VINO.
Primary source: VINO