The U.S. Postal Service’s plan to sell the Christiansted Post Office building for $1.2 million is being opposed by Delegate to Congress Donna Christian Christensen.
Two years ago the Postal Service announced it was leaving the historic, 250-year-old Danish West Indies & Guinea Co. warehouse building in order to find a larger downtown location. The National Park Service, the owner of the Christiansted National Historic Site in which the building sits, wants to turn the structure into a museum dedicated to the African slave trade.
But the Postal Service’s decision to place the property on the open market for $1.2 million rather than make a straight title transfer to a sister federal agency has complicated matters.
Christensen met with Postal Service officials on Friday to discuss her opposition to the sale of the building for commercial purposes. She said she asked the Postal Service to consider turning the property over to the Virgin Islands government or the Park Service instead.
Tom Pino, an asset manager with the Postal Service, could not be reached for comment.
"We really oppose the building going into private hands. We want to make sure that building is retained as a historic landmark," Christensen said.
Joel Tutein, Park Service superintendent on St. Croix, said the management plan for the Christiansted National Historic Site, which includes Fort Christiansvaern, the Scale House, Customs House and Steeple Building, calls for the Park Service to tell the story of St. Croix between 1735 and 1917, when the Virgin Islands were purchased from Denmark.
So far, military, religious and trade histories have been interpreted, but not that of the 50,000 enslaved Africans imported to St. Croix and sold on the stairs of the Danish West Indies & Guinea Co. warehouse building.
"This post office is the cornerstone and last segment of a quadrangle of buildings, used during the colonial period and the slave trade, located in the historic district area which is currently being restored on St. Croix," Christensen said. "It is very much a part of the legacy of these islands and should be retained for public use. As we look at ways to improve our tourism product we cannot afford to remove the remaining remnants of our heritage."
In a subsequent interview, Tutein said the Park Service stands ready to invest as much as $10 million to renovate the building, including an immediate $350,000 needed to stabilize the elderly structure.
Christensen said the Postal Service would not make a final decision overnight.
"It will take a while and it will take some negotiations," she said.

In the special session called by Gov. Charles W. Turnbull Friday, the 23rd Legislature unanimously approved a bill to appropriate $2.9 million in interest earned on bond proceeds for the Judges Pension Fund and the Governors and Lieutenant Governors Retirement Fund.
The interest from last year's $300 bond issue will replenish the funds which, the administration discovered, are depleted..
While the vote was quick and unanimous, the session was anything but, as, one after another, discrepancies between the Finance Department and the Government Employees Retirement System were brought to light. And then came the bombshell – revelation that the pensions owed by law to retired judges and former governors and lieutenant governors had not been paid since April, for lack of money.
Then, under questioning by Sen. Lorraine Berry, it was learned that the would-be recipients had not even been notified of the situation.
Testifying were Finance Commissioner Bernice Turnbull, GERS acting director Willis C. Todman and GERS legal counsel Alphonse Nibbs.
Those affected by the pension cut-offs are former governors Juan Luis, Alexander Farrelly and Roy Schneider; former lieutenant governors Derek Hodge and Kenneth Mapp; and former Territorial Court judges Eileen Petersen, Henry Feuerzeig and Verne Hodge.
Turnbull said the Governors and Lieutenant Governors Retirement Fund has a $1.3 million deficit and the Judges Pension Fund is a little over $800,000 in the red. Payments mandated through this fiscal year will total at least $2,417,178, she said, but the administration asked for $2,920,000. This excess half-million did not sit well with the senators, who expressed concern as to what would be done with it.
In fact, very little sat well with the lawmakers as the testifiers bandied back and forth who was responsible for which fund. Todman stated that GERS no longer functions as a constructive trustee to pay over contributions received from the Finance commissioner. He charged that contributions to GERS, "in contravention of statutory directives," have been commingled with general membership contributions. "Through error or omission, or by administrative fiat, the statutory directive was never complied with," he said.
Todman and Turnbull both said their offices were in the process of reconciling accounts. Under questioning from Sens. Berry, Vargrave Richards and Almando "Rocky" Liburd, the Finance commissioner admitted she personally cut off the retirement payments in April after the shortfalls were discovered..
Liburd asked, "How could you stop any pension payments? What authority do you have?" Turnbull cited Attorney General Iver Stridiron as having said that "no certifying officer can issue payments out of a negative balance."
Berry asked Turnbull if the recipients had been notified of the halt in payments, which are direct-deposited to payees' accounts. No, Turnbull said. Berry continued, "Don't you think that would have been the decent thing to do?" Turnbull replied, "Yes, that would have been decent."
Berry also asked Turnbull about the 9 percent interest the pension funds are supposed to accumulate. Turnbull said the funds were not interest bearing, referring, as she did throughout the session, to her relatively brief tenure of a year and a half as commissioner and commenting, "I have no control over what transpired before."
Turnbull said she would take the interest suggestion under advisement, to which Berry replied, "It's the law – it's not a suggestion."
Berry asked the commissioner if she was aware that "with the checks being stopped, health insurance is automatically stopped, as it is deducted from the checks?" Turnbull replied, "That's true."
Liburd addressed Turnbull: "God forbid any of them should have gotten sick with no insurance. You showed no compassion at all about not notifying them."
The commissioner replied, "I spoke to many of them." "But no letter," Liburd retorted.
Turnbull countered, "I invite you to run this department. It seems that's what you want to do, and you have your spies."
Liburd told her, "People come to the Legislature complaining about the treatment they get from you."
To a question from Liburd as to whether former Gov. Roy L. Schneider's checks had been stopped before April, Turnbull replied, "I won't discuss that."
Senators lamented throughout the session their need to be there dealing with the pension situation. Richards said that, regardless of party affiliations, "we have a moral, legal and ethical responsibility to those who have served this territory with a high level of responsibility." He said he hoped payment would be immediate after the bill passed.
Turnbull said if the bill was passed Friday, the checks would be sent out the following Thursday, June 29. She said the first ones to go out would make up the missed payments and bring the accounts current.
In the opinion he issued on the bill, post auditor Campbell Malone stated that it appeared there had been no recent Senate appropriations to either fund. "However, officials continue over the years to certify and make payments, obviously in flagrant violation of the law, to the tune of a deficit . . . in excess of $2.2 million," he said, adding, "Incredible, but . . . business as usual."
Voting on the measure were Sens. Berry, Richards, Liburd, Donald "Ducks" Cole, Roosevelt David, Adlah "Foncie" Donastorg, George Goodwin, Norman Jn Baptiste, Allie-Allison Petrus, Gregory Bennerson and David Jones. Sens. Judy Gomez, Adelbert Bryan and Alicia "Chucky" Hansen were absent from the session, and Golden was absent for the vote.

Molly Morris
In the special session called by Gov. Charles W. Turnbull Friday, the 23rd Legislature unanimously approved a bill to appropriate $2.9 million in interest earned on bond proceeds for the Judges Pension Fund and the Governors and Lieutenant Governors Retirement Fund.
The interest from last year's $300 bond issue will replenish the funds which, the administration discovered, are depleted..
While the vote was quick and unanimous, the session was anything but, as, one after another, discrepancies between the Finance Department and the Government Employees Retirement System were brought to light. And then came the bombshell – revelation that the pensions owed by law to retired judges and former governors and lieutenant governors had not been paid since April, for lack of money.
Then, under questioning by Sen. Lorraine Berry, it was learned that the would-be recipients had not even been notified of the situation.
Testifying were Finance Commissioner Bernice Turnbull, GERS acting director Willis C. Todman and GERS legal counsel Alphonse Nibbs.
Those affected by the pension cut-offs are former governors Juan Luis, Alexander Farrelly and Roy Schneider; former lieutenant governors Derek Hodge and Kenneth Mapp; and former Territorial Court judges Eileen Petersen, Henry Feuerzeig and Verne Hodge.
Turnbull said the Governors and Lieutenant Governors Retirement Fund has a $1.3 million deficit and the Judges Pension Fund is a little over $800,000 in the red. Payments mandated through this fiscal year will total at least $2,417,178, she said, but the administration asked for $2,920,000. This excess half-million did not sit well with the senators, who expressed concern as to what would be done with it.
In fact, very little sat well with the lawmakers as the testifiers bandied back and forth who was responsible for which fund. Todman stated that GERS no longer functions as a constructive trustee to pay over contributions received from the Finance commissioner. He charged that contributions to GERS, "in contravention of statutory directives," have been commingled with general membership contributions. "Through error or omission, or by administrative fiat, the statutory directive was never complied with," he said.
Todman and Turnbull both said their offices were in the process of reconciling accounts. Under questioning from Sens. Berry, Vargrave Richards and Almando "Rocky" Liburd, the Finance commissioner admitted she personally cut off the retirement payments in April after the shortfalls were discovered..
Liburd asked, "How could you stop any pension payments? What authority do you have?" Turnbull cited Attorney General Iver Stridiron as having said that "no certifying officer can issue payments out of a negative balance."
Berry asked Turnbull if the recipients had been notified of the halt in payments, which are direct-deposited to payees' accounts. No, Turnbull said. Berry continued, "Don't you think that would have been the decent thing to do?" Turnbull replied, "Yes, that would have been decent."
Berry also asked Turnbull about the 9 percent interest the pension funds are supposed to accumulate. Turnbull said the funds were not interest bearing, referring, as she did throughout the session, to her relatively brief tenure of a year and a half as commissioner and commenting, "I have no control over what transpired before."
Turnbull said she would take the interest suggestion under advisement, to which Berry replied, "It's the law – it's not a suggestion."
Berry asked the commissioner if she was aware that "with the checks being stopped, health insurance is automatically stopped, as it is deducted from the checks?" Turnbull replied, "That's true."
Liburd addressed Turnbull: "God forbid any of them should have gotten sick with no insurance. You showed no compassion at all about not notifying them."
The commissioner replied, "I spoke to many of them." "But no letter," Liburd retorted.
Turnbull countered, "I invite you to run this department. It seems that's what you want to do, and you have your spies."
Liburd told her, "People come to the Legislature complaining about the treatment they get from you."
To a question from Liburd as to whether former Gov. Roy L. Schneider's checks had been stopped before April, Turnbull replied, "I won't discuss that."
Senators lamented throughout the session their need to be there dealing with the pension situation. Richards said that, regardless of party affiliations, "we have a moral, legal and ethical responsibility to those who have served this territory with a high level of responsibility." He said he hoped payment would be immediate after the bill passed.
Turnbull said if the bill was passed Friday, the checks would be sent out the following Thursday, June 29. She said the first ones to go out would make up the missed payments and bring the accounts current.
In the opinion he issued on the bill, post auditor Campbell Malone stated that it appeared there had been no recent Senate appropriations to either fund. "However, officials continue over the years to certify and make payments, obviously in flagrant violation of the law, to the tune of a deficit . . . in excess of $2.2 million," he said, adding, "Incredible, but . . . business as usual."
Voting on the measure were Sens. Berry, Richards, Liburd, Donald "Ducks" Cole, Roosevelt David, Adlah "Foncie" Donastorg, George Goodwin, Norman Jn Baptiste, Allie-Allison Petrus, Gregory Bennerson and David Jones. Sens. Judy Gomez, Adelbert Bryan and Alicia "Chucky" Hansen were absent from the session, and Golden was absent for the vote.

Molly Morris
In the special session called by Gov. Charles W. Turnbull Friday, the 23rd Legislature unanimously approved a bill to appropriate $2.9 million in interest earned on bond proceeds for the Judges Pension Fund and the Governors and Lieutenant Governors Retirement Fund.
The interest from last year's $300 bond issue will replenish the funds which, the administration discovered, are depleted..
While the vote was quick and unanimous, the session was anything but, as, one after another, discrepancies between the Finance Department and the Government Employees Retirement System were brought to light. And then came the bombshell – revelation that the pensions owed by law to retired judges and former governors and lieutenant governors had not been paid since April, for lack of money.
Then, under questioning by Sen. Lorraine Berry, it was learned that the would-be recipients had not even been notified of the situation.
Testifying were Finance Commissioner Bernice Turnbull, GERS acting director Willis C. Todman and GERS legal counsel Alphonse Nibbs.
Those affected by the pension cut-offs are former governors Juan Luis, Alexander Farrelly and Roy Schneider; former lieutenant governors Derek Hodge and Kenneth Mapp; and former Territorial Court judges Eileen Petersen, Henry Feuerzeig and Verne Hodge.
Turnbull said the Governors and Lieutenant Governors Retirement Fund has a $1.3 million deficit and the Judges Pension Fund is a little over $800,000 in the red. Payments mandated through this fiscal year will total at least $2,417,178, she said, but the administration asked for $2,920,000. This excess half-million did not sit well with the senators, who expressed concern as to what would be done with it.
In fact, very little sat well with the lawmakers as the testifiers bandied back and forth who was responsible for which fund. Todman stated that GERS no longer functions as a constructive trustee to pay over contributions received from the Finance commissioner. He charged that contributions to GERS, "in contravention of statutory directives," have been commingled with general membership contributions. "Through error or omission, or by administrative fiat, the statutory directive was never complied with," he said.
Todman and Turnbull both said their offices were in the process of reconciling accounts. Under questioning from Sens. Berry, Vargrave Richards and Almando "Rocky" Liburd, the Finance commissioner admitted she personally cut off the retirement payments in April after the shortfalls were discovered..
Liburd asked, "How could you stop any pension payments? What authority do you have?" Turnbull cited Attorney General Iver Stridiron as having said that "no certifying officer can issue payments out of a negative balance."
Berry asked Turnbull if the recipients had been notified of the halt in payments, which are direct-deposited to payees' accounts. No, Turnbull said. Berry continued, "Don't you think that would have been the decent thing to do?" Turnbull replied, "Yes, that would have been decent."
Berry also asked Turnbull about the 9 percent interest the pension funds are supposed to accumulate. Turnbull said the funds were not interest bearing, referring, as she did throughout the session, to her relatively brief tenure of a year and a half as commissioner and commenting, "I have no control over what transpired before."
Turnbull said she would take the interest suggestion under advisement, to which Berry replied, "It's the law – it's not a suggestion."
Berry asked the commissioner if she was aware that "with the checks being stopped, health insurance is automatically stopped, as it is deducted from the checks?" Turnbull replied, "That's true."
Liburd addressed Turnbull: "God forbid any of them should have gotten sick with no insurance. You showed no compassion at all about not notifying them."
The commissioner replied, "I spoke to many of them." "But no letter," Liburd retorted.
Turnbull countered, "I invite you to run this department. It seems that's what you want to do, and you have your spies."
Liburd told her, "People come to the Legislature complaining about the treatment they get from you."
To a question from Liburd as to whether former Gov. Roy L. Schneider's checks had been stopped before April, Turnbull replied, "I won't discuss that."
Senators lamented throughout the session their need to be there dealing with the pension situation. Richards said that, regardless of party affiliations, "we have a moral, legal and ethical responsibility to those who have served this territory with a high level of responsibility." He said he hoped payment would be immediate after the bill passed.
Turnbull said if the bill was passed Friday, the checks would be sent out the following Thursday, June 29. She said the first ones to go out would make up the missed payments and bring the accounts current.
In the opinion he issued on the bill, post auditor Campbell Malone stated that it appeared there had been no recent Senate appropriations to either fund. "However, officials continue over the years to certify and make payments, obviously in flagrant violation of the law, to the tune of a deficit . . . in excess of $2.2 million," he said, adding, "Incredible, but . . . business as usual."
Voting on the measure were Sens. Berry, Richards, Liburd, Donald "Ducks" Cole, Roosevelt David, Adlah "Foncie" Donastorg, George Goodwin, Norman Jn Baptiste, Allie-Allison Petrus, Gregory Bennerson and David Jones. Sens. Judy Gomez, Adelbert Bryan and Alicia "Chucky" Hansen were absent from the session, and Golden was absent for the vote.

In a special session called by Gov. Charles W. Turnbull, the Legislature Friday unanimously approved a bill to appropriate $2.9 million interest earned on bond proceeds to the Judges Pension Fund and the Governors and Lieutenant Governors Retirement Fund.
The interest, which is from last year's $300 bond issue, will replenish the funds which, the administration discovered, are depleted.
Though the vote was quick and unanimous, the session was anything but, as, one after another, discrepancies were brought to light between the Finance Department and the Government Employees Retirement System.
However, these discrepancies took back seat to the revelation that the judge's and governor and lieutenant governor's pensions had not been paid since April. Then, under questioning by Sen. Lorraine Berry, it was revealed that the recipients had not even been notified.
Testifying were Bernice Turnbull, finance commissioner, Willis C. Todman, GERS acting director, and Alphonse Nibbs, GERS legal counsel.
Turnbull said both funds have a negative balance: The Governors and Lieutenant Governors Fund has a $1,304,374 deficit, and the Judges Pension Fund has an $805,147 deficit. Including payments through fiscal year 2000, the minimum appropriation is $2,417,178, however the administration is asking for $2,920,000, leaving an excess of $502,821. This excess did not sit well with the senators, who expressed concern as to what would be done with it.
In fact very little sat well with the lawmakers as the testifiers bandied back and forth about who was responsible for which fund. Todman stated that GERS no longer functions as a constructive trustee to pay over contributions received from the Finance commissioner.
However, he said, contributions "in contravention of statutory directives," had become commingled with general membership contributions "through error or omission, or by administrative fiat, the statutory directive was never complied with."
Both Todman and Turnbull explained that their agencies were in the process of reconciling accounts. Under questioning from Sens. Berry, Vargrave Richards and Almando "Rocky"Liburd, Turnbull admitted she personally had stopped the retirement payments in April.
Liburd asked, "How could you stop any pension payments? What authority do you have?" Turnbull replied that the Attorney General had said "no certifying officer can issue payments out of a negative balance." The negative balances were discovered in April.
Berry asked Turnbull if the recipients had been notified of the suddenly stopped payments. The payments go by direct deposit to the payees. Turnbull said, "No." Berry said, "Don't you think that would have been the decent thing to do?" Turnbull replied, "Yes, that would have been decent."
Berry asked Turnbull about the 9 percent interest the pensions are supposed to accumulate.
Turnbull said she would look into the suggestion, to which Berry replied, "It's the law – it's not a suggestion." Turnbull said the interest had never been implemented, referring, as she did throughout the session, to her relatively brief tenure. "I have no control over what transpired before."
Berry continued to question Turnbull: "Do you know that with the checks being stopped, health insurance is automatically stopped, as it is deducted from the checks?" "That's true," said Turnbull. "So you see what's happening to us," Berry said in obvious frustration.
Liburd addressed Turnbull, "God forbid, any of them should have gotten sick with no insurance. You showed no compassion at all about not notifying them." He continued, "You bluntly said 'no' to Senator Berry. That's disrespect." "I spoke to many of them," Turnbull said. "But no letter," said Liburd.
Turnbull countered with. "I invite you to run this department, it seems that's what you want to do, and you have your spies." "It's not about spies," Liburd said, "people come to the Legislature complaining about the treatment they get from you." Liburd also asked Turnbull if former Governor Roy L. Schneider's checks had been stopped before April. "I won't discuss that," Turnbull said.
All the senators lamented on more than one occasion throughout the session that "it's unfortunate we have to be here doing this today." "What does it say about us as a community?" they, as one, asked.
Richards said that regardless of party affiliations, "we have a moral, legal and ethical responsibility to those who have served this territory with a high level of responsibility." He said he hoped payment would be immediate after the bill is passed.
Turnbull said, "the documentation is in place. If the bill is passed, the checks will be sent out Thursday." She confirmed, under questioning from Sen. Violet Anne Golden, that the next check would include the missed payments, and bring the accounts up to date.
In an opinion issued on the bill, Post-Auditor Campbell Rone Malone stated that it appeared there has been no recent appropriation to the funds from the Legislature. He said, "however, officials continue over the years to certify and make payments, obviously in flagrant violation of the law, to the tune of a deficit . . . in excess of $2.2 million." "Incredible, " he said, "but . . . business as usual." The funds being tapped for this proposal, however, do exist, Campbell concluded.
Those affected by the pensions are former Govs. Juan Luis, Alexander Farrelly and Roy Schneider; former Lt. Govs. Derek Hodge and Kenneth Mapp; and former Territorial Court Judges Eileen Peterson Henry Feurerzeig and Verne Hodge.
Voting on the measure were Sens. Berry, Richards, Liburd, Donald "Ducks" Cole, Roosevelt David, Adlah "Foncie" Donastorg, George Goodwin, Norman Jn Baptiste, Allie-Allison Petrus, Gregory Bennerson and David Jones. Sens. Judy Gomez, Adelbert "Bert" Bryan and Alicia "Chucky" Hansen were absent, and Golden was absent for the vote.

Two years after a daylight robbery and murder in a Charlotte Amalie jewelry store, the trial of three men facing federal charges in connection with the case has been postponed and probably will not be rescheduled for at least another month. When it does begin, the defendants might face the death penalty, even though the Virgin Islands does not have capital punishment.
Neither the prosecutors in the U.S. Attorney's Office nor attorneys for the defense are willing to discuss the probability that the three could become the first Virgin Islanders in modern times to face a possible death sentence in a trial held in the territory.
Defense Attorney George Hodge said certain complex matters related to the case are now under seal of the court and cannot be discussed in public.
The defendants, Jason Hull, Irvine Hodge and Devon Hodge, have been charged with armed robbery, murder and witness tampering in the robbery of an estimated quarter million dollars worth of jewelry and the shooting death of Emerald Lady store owner Larry Davis. Each of the three charges carries a potential death penalty under federal sentencing guidelines adopted during the last decade.
After the U.S. Attorney's Office announced a series of indictments and superseding indictments in the case, jury selection was set for May 8. At the last minute, however, the trial was postponed.
U.S. Attorney's Office officials said then that a new date would probably be set four or five weeks later. Now Assistant U.S. Attorney Hugh Mabe says the trial will not be rescheduled until District Court Judge Thomas Moore returns from off-island in late July.
Lawyers and anyone else involved in the case could face judicial sanctions if they discuss the matters under seal. Among the elements of the case that remain in the public purview is a motion by Attorney Hodge to have the dismissed on the grounds that a capital murder case should not be argued in a jurisdiction where there is no death penalty. He also moved for dismissal on the grounds that excessive pretrial publicity has made it impossible for his clients to get a fair trial.
On April 26, U.S. Attorney James Hurd issued a response, saying Hodge's death penalty argument was faulty because it suggested that V.I. law could pre-empt federal law. Hurd also said the defense had failed to prove there had been "an inordinate community saturation with prejudicial and inflammatory media publicity" concerning the case.
A veiled reference to pretrial death penalty arguments appears in a defense motion to allow Hull to be released on bail. Hull has been imprisoned without bail since December 1998, when V.I. authorities succeeded in having him extradited from St. Kitts, where he allegedly fled after the St. Thomas jewelry store robbery and murder.
"It is highly prejudicial to defendant Jason Hull to deny him his rights to both bail and speedy trial for the sole purpose of granting the plaintiff additional time to seek cruel and unusual punishment on a third superseding indictment," Attorney Hodge wrote in his motion. The term "cruel and unusual punishment" is commonly used by opponents of U.S. capital punishment laws.
Mabe noted that there have been other cases tried in the territory that carried a potential death sentence, although it has not been sought. One was for the 1997 murder of a mainland tourist who was fatally shot during a carjacking on St. Croix. Another was the case in 1999 of two Haitian boat captains tried for murder in the deaths of illegal aliens who died as a result of a boat accident as they attempted to land on St. Thomas.
And there may be other cases to come, Mabe said, noting that prosecutors are still sorting out the circumstances of the deaths of two Chinese illegal immigrants on New Year's near St. Croix's Point Udall.
But in cases which have already made their way through the court system in the territory, he said, no prosecutor has requested the death penalty.
"Cases become death penalty cases only if a decision is made by Janet Reno," the Attorney General of the United States, Mabe said, and they go to her only after U.S. Justice Department review.
With the Emerald Lady trial on hold, no V.I. officials are about to discuss their judicial intentions in public. However, a clue may lie in the specifics of the last charging document filed in District Court. For the first time it added the name Devon Hodge to those of Irvine Hodge and Jason Hull as co-defendants in the events of May 8, 1998. The charges they all face are:
Count 1 – violation of the federal Hobbs Act, interference with interstate commerce by armed robbery, which carries a possible death penalty.
Count 2 – first-degree murder using an illegal weapon, which carries a possible death penalty.
Count 3 – the slaying of jeweler Larry Davis to prevent him from testifying against Irvine Hodge in an earlier armed robbery of the Emerald Lady, which carries a possible death penalty.
Hurd is on record as saying he personally opposes capital punishment but would follow the directions of his boss, Attorney General Reno, if she decided the merits of the Emerald Lady case warranted the death sentence upon conviction.
Further indications as to the direction the case will take may emerge when Moore responds to the defense motions and to those already been filed by the prosecution. Mabe said the judge could respond to the motions in a variety of ways, some of which might involve hearings and rulings in open court.

Two years after a daylight robbery and murder in a Charlotte Amalie jewelry store, the trial of three men facing federal charges in connection with the case has been postponed and probably will not be rescheduled for at least another month. When it does begin, the defendants might face the death penalty, even though the Virgin Islands does not have capital punishment.
Neither the prosecutors in the U.S. Attorney's Office nor attorneys for the defense are willing to discuss the probability that the three could become the first Virgin Islanders in modern times to face a possible death sentence in a trial held in the territory.
Defense Attorney George Hodge said certain complex matters related to the case are now under seal of the court and cannot be discussed in public.
The defendants, Jason Hull, Irvine Hodge and Devon Hodge, have been charged with armed robbery, murder and witness tampering in the robbery of an estimated quarter million dollars worth of jewelry and the shooting death of Emerald Lady store owner Larry Davis. Each of the three charges carries a potential death penalty under federal sentencing guidelines adopted during the last decade.
After the U.S. Attorney's Office announced a series of indictments and superseding indictments in the case, jury selection was set for May 8. At the last minute, however, the trial was postponed.
U.S. Attorney's Office officials said then that a new date would probably be set four or five weeks later. Now Assistant U.S. Attorney Hugh Mabe says the trial will not be rescheduled until District Court Judge Thomas Moore returns from off-island in late July.
Lawyers and anyone else involved in the case could face judicial sanctions if they discuss the matters under seal. Among the elements of the case that remain in the public purview is a motion by attorney Hodge to have it dismissed on the grounds that a capital murder case should not be argued in a jurisdiction where there is no death penalty. He also moved for dismissal on the grounds that excessive pretrial publicity has made it impossible for his clients to get a fair trial.
On April 26, U.S. Attorney James Hurd issued a response, saying Hodge's death-penalty argument was faulty because it suggested that V.I. law could pre-empt federal law. Hurd also said the defense had failed to prove there had been "an inordinate community saturation with prejudicial and inflammatory media publicity" about the case.
A veiled reference to pretrial death-penalty arguments appears in a defense motion to allow Hull to be released on bail. Hull has been imprisoned without bail since December 1998, when V.I. authorities had him extradited from St. Kitts, where he allegedly fled after the St. Thomas jewelry store robbery and murder.
"It is highly prejudicial to defendant Jason Hull to deny him his rights to both bail and speedy trial for the sole purpose of granting the plaintiff additional time to seek cruel and unusual punishment on a third superseding indictment," Hodge wrote in his motion. The term "cruel and unusual punishment" is commonly used by opponents of U.S. capital punishment laws.
Mabe noted that other cases have been tried in the territory that carried a potential death sentence, although it has not been sought. One was for the 1997 murder of a mainland tourist who was fatally shot during a carjacking on St. Croix. Another was the 1999 case of two Haitian boat captains tried for murder in the deaths of illegal aliens who died as a result of a boat accident as they attempted to land on St. Thomas.
And there may be other cases to come, Mabe said, noting that prosecutors are still sorting out the circumstances of the deaths of two Chinese illegal immigrants on New Year's near St. Croix's Point Udall.
But in cases that have already made their way through the court system in the territory, he said, no prosecutor has requested the death penalty.
"Cases become death penalty cases only if a decision is made by Janet Reno," the attorney general of the United States, Mabe said, and they go to her only after U.S. Justice Department review.
With the Emerald Lady trial on hold, no V.I. officials are about to discuss their judicial intentions in public. However, a clue may lie in the specifics of the last charging document filed in District Court. For the first time it added the name Devon Hodge to those of Irvine Hodge and Jason Hull as co-defendants in the events of May 8, 1998. The charges they all face are:
Count 1 – violation of the federal Hobbs Act, interference with interstate commerce by armed robbery, which carries a possible death penalty.
Count 2 – first-degree murder using an illegal weapon, which carries a possible death penalty.
Count 3 – the slaying of jeweler Larry Davis to prevent him from testifying against Irvine Hodge in an earlier armed robbery of the Emerald Lady, which carries a possible death penalty.
Hurd is on record as saying he personally opposes capital punishment but would follow the directions of his boss, Attorney General Reno, if she decided the merits of the Emerald Lady case warranted the death sentence upon conviction.
Further indications about the direction the case will take may emerge when Moore responds to the defense motions and to those already been filed by the prosecution. Mabe said the judge could respond to the motions in various ways, some of which might involve hearings and rulings in open court.

As was pointed out in a recent editorial in one of the local newspapers, many persons in the community are concerned about certain requests from well intentioned youth and adults seeking support for their various fundraising purposes.
The editorial writer was so right in recognizing that many of the flaws in their approach to potential donors stem from a lack of understanding of the role of philanthropy in a community and, more importantly, from a lack of information about the whole nature of "development" or fundraising.
Although a recent arrival to this wonderfully generous community, I have spent most of my professional life in development and see the pressing need for improvement in how fundraising is achieved in our community.
To many, fundraising may seem easy. Successful fundraising never is.
Clearly, there is a need for training in development, not only for those seeking donations for school projects or civic organizations but also for those professionals, myself included, whose primary task is fundraising.
Allow me to offer an opportunity that may be of assistance to our community.
As a development officer at the University of the Virgin Islands, I propose the formation of a local chapter of the National Society of Fundraising Executives (NSFRE), a national organization dedicated to professionalism in fundraising. Working together as a group, members of
a territorial chapter could provide much needed training to local schools and civic groups as they do their own fundraising. Furthermore, we could sponsor workshops and guest speakers for our own professional training as development officers. Working together as a group, members
of a local NSFRE chapter could significantly improve philanthropic activity in our community.
A minimum of 15 members are needed to become an official affiliated chapter. There are already a handful of NSFRE members here in the VI, and San Juan recently organized an officially recognized chapter. The Puerto Rico chapter indicated a willingness to be of assistance to our
endeavor. If nothing else, let us consider some joint training, professional certification, and coordination of fundraising special events. At a minimum, we could pool our meager resources and bring well-qualified development trainers to the VI on an annual basis!
I invite interested persons to call me at UVI at 693-1042 to discuss this exciting possibility. Let us work together for the benefit of all.

Editor's note: Deborah Stevens Hamilton was recently named Director of Annual Giving for the University of the Virgin Islands. During the past 20 years she has served as grant writing/research officer for Young Harris College in Northern Georgia and as a fundraiser in Savannah, Georgia for its United Way, Voluntary Action Center, Neighborhood Housing Service, and Symphony Orchestra.
If you wish to respond via email please send responses to source@viaccess.net.

Dripping with sarcasm, the Smoking Gun, co-founded by longtime Village Voice writer William Bastone, focuses on embarrassing documents such as celebrity arrest reports, strange lawsuits, search warrants in high-profile cases and generallunacy. Here you can find Mike Tyson's psychiatric report, the FBI file on John Steinbeck, customs agents' guidelines for performing cavity searches and a catalog of weapons and military vehicles from a Russian arms dealer.

The St. Croix Environmental Association will be re-broadcasting its Sewage Summit originally held on Monday, June 12 on Radio WRRA 1290 AM on Thursday, June 22 from 8 p.m. to 9:30 p.m.
Listen in and hear officials from both local and federal government candidly discuss the sewage problems in St. Croix.
This program is sponsored in part by the Chase Manhattan Bank Foundation USVI Neighborhood Grants Program.
For further information, call 773-1989 Contact: Yvonne Petersen, SEA executive director.