USVI: Jenifer O'Neal seeks eight-week delay before prison surrender
CHARLOTTE AMALIE, St. Thomas, USVI- Jenifer O’Neal’s new attorney, Carl Williams, has asked District Court Judge Mark Kearney to reconsider an order requiring her to surrender into custody by Tuesday, arguing that the former Office of Management and Budget director needs additional time to retain counsel for her appeal.
Mr Williams, who says he has only been temporarily retained, is also asking the court to delay the start of Ms O’Neal’s prison sentence by eight weeks.
Ms O’Neal was sentenced last week to seven years in prison after Judge Kearney said she “traded her integrity for cash” in the Mon Ethos corruption scandal. According to Mr. Williams, she now “requires additional time to retain qualified representation” after dismissing her trial attorney, Dale Smith.
Ms O’Neal has accused Mr Smith of failing to handle her matter with due care, citing late filings and a failure to request a trial separate from her co-accused, among other alleged issues.
In the motion, Mr Williams argued that the roughly two-month delay “is narrowly tailored and necessary to protect Defendant’s right to effective appellate representation.” He confirmed that his role is limited to “preparing and filing the instant motion and seeking relief from the order of surrender,” and indicated uncertainty over whether he would represent Ms O’Neal on appeal.
Mr Williams assured the court that the request “is not filed for purposes of untoward delay.”
If the court allows Ms O’Neal to remain out of prison for eight more weeks, Mr Williams said she believes she “will be able to complete the necessary preliminary appellate work, establish a legal relationship with retained appellate counsel of her choosing, and meaningfully assist in the development of the framework of her appeal.”
Anticipated appeal raises substantial questions of law
Mr Williams also argued that Ms O’Neal’s anticipated appeal raises substantial questions of law and fact that could result in a reversal of her conviction or a new trial.
In asking the court to allow Ms O’Neal to remain free temporarily, Mr Williams cited her compliance with release conditions and the fact that she was granted permission to travel on several occasions. He argued that those factors demonstrate she is unlikely to flee.
He also argued that Ms O’Neal does not pose a danger to the community and requires “immediate medical appointments” to address “several medical issues.”
Mr Williams also pointed to the sentencing of former Sports, Parks and Recreation Commissioner Calvert White and Benjamin Hendricks, who were convicted in separate fraud and bribery cases involving a Mon Ethos contract. Mr White was given five weeks between judgment and remand into custody, while Mr Hendricks was given almost eight weeks.
The prosecution, according to Mr Williams, objects to any further delay in Ms O’Neal reporting to prison.
The motion comes one day after Judge Kearney scheduled a hearing for next Tuesday, stating that Ms O’Neal either “needs to retain counsel or knowingly agree to proceed without counsel on her appeal."
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13 Responses to “USVI: Jenifer O'Neal seeks eight-week delay before prison surrender”
Federal correctional facilities routinely provide defendants with the means to consult with retained counsel, review legal materials, and engage in the necessary work associated with an appeal. Likewise, the Bureau of Prisons is equipped to address the defendant’s medical needs, with the exception of elective or cosmetic procedures, which do not constitute grounds for postponement of a lawfully imposed sentence.
Accordingly, the Court concludes that no further extension of the surrender date is warranted. The defendant’s request for additional delay is denied.