Comes With The Territory
Comes with the Territory: February 9, 2025
2/10/2025 | 57mVideo has Closed Captions
VIPD Commissioner Mario Brooks breaks down the department’s crime-fighting strategies and key goals.
VIPD Commissioner Mario Brooks breaks down the department’s crime-fighting strategies and key goals for 2025, from tackling gun violence to improving community safety. This week’s panel discusses Governor Bryan’s directive setting clear boundaries for how schools and local law enforcement must respond to federal ICE raids; 2024 candidate Ida Smith’s $5.5M lawsuit against Elections Supervisor.
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Comes With The Territory is a local public television program presented by WTJX
Comes With The Territory
Comes with the Territory: February 9, 2025
2/10/2025 | 57mVideo has Closed Captions
VIPD Commissioner Mario Brooks breaks down the department’s crime-fighting strategies and key goals for 2025, from tackling gun violence to improving community safety. This week’s panel discusses Governor Bryan’s directive setting clear boundaries for how schools and local law enforcement must respond to federal ICE raids; 2024 candidate Ida Smith’s $5.5M lawsuit against Elections Supervisor.
Problems playing video? | Closed Captioning Feedback
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Learn Moreabout PBS online sponsorship>> THE VIEWS EXPRESSED ON THIS PROGRAM ARE NOT NECESSARILY THOSE OF WTJX, ITS STAFF, OR UNDERWRITERS.
>> ON THIS EPISODE OF "COMES WITH THE TERRITORY" WE SIT DOWN WITH COMMISSIONER DARIO BROOKS DISCUSSED THE STRATEGY FOR IMPROVING COMMUNITY SAFETY AND KEY GOALS FOR 2025.
>> YOU WORRY ABOUT YOUR KIDS GO TO SCHOOL, DON´T WORRY.
>> THE GOVERNOR HAS ISSUED A DIRECTIVE THAT HAS CLEAR BOUNDARIES FOR HEALTH SCHOOLS AND LAW ENFORCEMENT ARE TO RESPOND TO FEDERAL IMMIGRATION RAIDS IN THE VIRGIN ISLANDS.
> >> 2024 CONGRESSIONAL CANDIDATE IDA SMITH IS DOING THE SUPERVISOR OF ELECTIONS, CLAIMING SHE WAS WRONGFULLY DISQUALIFIED FROM THE BALLOT.
WE WILL HAVE THE DETAILS.
PLUS, THE GOVERNOR SAYS THAT THE LAW ALLOWS HIM TO TAKE A $42,000 A RESENT PAY RAISE BUT THE SENATE PRESIDENT IS PUSHING BACK, CITING LEGAL CONCERNS.
WE WILL EXPLAIN.
> >> THIS WEEK´S PANEL JOINTS THE CONVERSATION TO ANALYZE THESE ISSUES AND MORE.
"COMES WITH THE TERRITORY" STARTS NOW.
> >> WELCOME TO "COMES WITH THE TERRITORY".
GUN VIOLENCE CONTINUES TO CLAIM LIVES ACROSS THE VIRGIN ISLANDS, LEAVING FAMILIES SHATTERED AND NEIGHBORHOODS ON EDGE.
THE VIRGIN ISLANDS POLICE DEPARTMENT IS CALLING ON THE COMMUNITY TO HELP STOP THE VIOLENCE.
HERE´S MORE.
>> WE ARE LOOKING FOR 100% SUPPORT TO DO WHAT WE HAVE TO DO.
>> THE VIRGIN ISLANDS POLICE DEPARTMENT DELIVERED A STRONG MESSAGE TO CRIMINALS IN EARLY NOVEMBER FOLLOWING A STRING OF SHOOTING DEATHS THAT ROCKED THE TERRITORY IN THE MONTH OF OCTOBER ALONE.
>> WE HAD MORE HOMICIDES.
>> THIS IS GETTING OUT OF CONTROL.
THE TERRITORY ULTIMATELY CLOSED 2024 WITH 44 HOMICIDES.
SO FAR, A MAN WAS FOUND SHOT TO DEATH ON ST. THOMAS ON JANUARY 4th.
POLICE SHOT AND KILLED AN ARMED DOMESTIC VIOLENCE SUSPECT ON ST. CROIX ON JANUARY 5th.
A MAN WAS FOUND SHOT TO DEATH ON ST. CROIX ON JANUARY 10th AND A SHOOTING DEATH WAS REPORTED IN ST. THOMAS ON JANUARY 13th.
ON FEBRUARY 1st, TWO MEN WERE SHOT TO DEATH IN DOWNTOWN FREDERICKSTED.
ONE WAS AN INNOCENT BYSTANDER.
>> WE HAVE MULTIPLE BUSINESSES THAT ARE AFFECTED WHEN THIS INCIDENT HAPPENED.
WE HAD TO SHUT DOWN.
TWO PEOPLE DEAD.
WHEN YOU SEE SOMETHING, WHEN YOU KNOW SOMETHING, IT IS GOING TO CONTINUE.
>> THIS IS THE POLICE.
WE ARE SUPPOSED TO BE ENJOYING THE COMMUNITY.
WHEN WE.
>> JOINING ME NOW TO TALK ABOUT CRIME, PUBLIC SAFETY AND THE VIRGIN ISLANDS POLICE DEPARTMENT PRIORITIES FOR 2025 IS COMMISSIONER MARIO BROOKS.
WELCOME TO THE TERRITORY COMMISSIONER BROOKS.
I WANT TO START.
THE TERRITORY CLOSED AT 2024 WITH 44 HOMICIDES AND WE HAVE ALREADY SEEN SEVERAL SHOOTING DEATHS SO FAR THIS YEAR.
WHAT IS YOUR ASSESSMENT OF THE FACTORS DRIVING THE LEVEL OF VIOLENCE WE HAVE BEEN SEEING IN THE TERRITORY AND WHAT ARE SOME OF THE IMMEDIATE STEPS THE DEPARTMENT IS UNDERTAKING TO CURB THAT?
>> WE KNOW THE AVAILABILITY OF FIREARMS CONTRIBUTE GREATLY TO THIS.
I´M GOING TO USE THE TERM PANDEMIC BECAUSE THAT IS WHAT IT IS.
BUT, WE HAVE TO TRY TO RESOLVE OUR DIFFERENCES WITHOUT THE USE OF FUNDS.
WANT TO USE A HANDGUN, THE CASE IS OVER, THAT PERSON IS DEAD, THERE IS NO OPPORTUNITY TO RECTIFY ANY ISSUES.
THAT IS WHAT WE TRY TO AVOID.
WE NEED TO GET BACK TO CONFLICT RESOLUTION STRATEGIES.
HOW DO WE ADDRESS THAT IN THE COMMUNITY?
USUALLY THAT IS THE FIRST THING OUR YOUNG COMMUNITY MEMBERS ARE DOING RIGHT NOW.
THEY NEED A CONFLICT RESOLUTION STRATEGY.
INSTEAD, THEY JUST GO AND GET THEIR GUN.
THAT IMPACTS THE COMMUNITY, NOT ONLY THEIR FAMILIES, IT IMPACTS THE COMMUNITY.
NUMBERS GO UP BUT IMPORTANTLY, THEY ARE IMPACTING FAMILIES, PARENTS, KIDS, GRANDPARENTS, UNCLES, AUNTS, IT IMPACTS EVERYONE.
ONE HOMICIDE AFFECTS THE ENTIRE COMMUNITY.
>> WE THINK ABOUT THE UNLICENSED, ETHICAL FIREARMS WE HAVE IN THE TERRITORY.
VIPD ON ST. CROIX, YOU HAD OPERATIONS TO SET THE TONE AND YOU HAD SIMILAR OPERATIONS AS WELL.
GIVEN THOSE EFFORTS TO RELIEVE THE INFLUX OF ILLEGAL FIREARMS WE ARE SEEING IN THE TERRITORY, ARE THERE PLANS TO CONTINUE HAVING SIMILAR OPERATIONS TO ADDRESS THAT?
>> WE ARE LOOKING AT THE GUN PANDEMIC AND WE ARE LOOKING AT SEVERAL WAYS.
WE ARE LOOKING AT AIRPORTS, WE HAVE THOSE POLICE SUBSTATIONS, THOSE ARE THERE LAW TO ALLOW ANYONE BRINGING IN FIREARMS TO REPORT THEM.
WE HAVE HAD A SUBSTANTIAL AMOUNT OF ILLEGAL FIREARMS.
WE HAD TARGETS ON THE STREET THAT WE BROUGHT IN AND WE WERE ABLE TO STOP SOME OF THOSE FIREARMS FROM GOING ONTO THE STREETS, WORKING IN CONJUNCTION WITH FEDERAL COUNTERPARTS TO ADDRESS SOME OF THOSE ISSUES TO CONFISCATE FIREARMS THAT WAY.
AS YOU MENTIONED, ON ST. CROIX, WE HAD THE OPERATION OF THE YEAR.
EVERY YEAR DURING NEW YEAR´S EVE, WE HAVE CELEBRATORY GUNFIRE THAT GOES ON.
WHAT WE DO IS WE HAVE OPERATIONS AROUND THAT TIME AS WELL.
WE HAVE BEEN SUCCESSFUL IN PULLING FIREARMS OFF THE STREET AS A RESULT.
BUT WE HAVE SPECIAL OPERATIONS OR A PATROL, THESE ARE OPERATIONS THAT REVOLVE AROUND FIREARMS.
WE END UP CONFISCATING FIREARMS AND THAT DOESN´T EVEN COUNT THE FIREARMS THAT WE HAVE LICENSED FIREARMS, WE´VE HAD LICENSED FIREARMS THAT WERE VIOLATED IN ONE WAY OR ANOTHER AND WE HAD TO RESCIND THE FIREARM LICENSE.
THIS IS SOMETHING I WOULD LIKE THE PUBLIC TO KNOW.
THE SUPPLY AND DEMAND IS THE PROBLEM.
WE HAVE TO CURB THAT.
FOR WHATEVER REASON, THERE IS A NEED TO HAVE FIREARM.
I WILL BE HONEST WITH YOU, THAT NEED IS DRIVEN BY SEVERAL DIFFERENT FACTORS.
WE NEED TO ADDRESS THAT FROM OUR USE GOING FORWARD.
WHAT IS THE NEED TO HAVE A FIREARM?
WHAT IS THAT?
>> YOU MADE IT CLEAR THAT THE CLUBS ARE OFF AND OFFICERS HAVE YOUR FULL SUPPORT TO DO WHAT THEY HAVE TO DO.
WHAT DOES THAT LOOK LIKE IN PRACTICE AND HOW DO YOU BALANCE THAT WITH ACCOUNTABILITY?
>> WE KNOW THAT TIME, WE HAD A RASH SHOOTINGS, ST. THOMAS AND ST. JOHN DISTRICT.
WE SAW A SMALL PERCENTAGE, TWO, THREE, 5% OF THE INDIVIDUALS WITHIN OUR COMMUNITY TERRITORIALLY, THOSE ARE WHERE THE CRIMES CAN BE FOUND.
IT IS A SMALL AMOUNT OF OFFENDERS AND THAT IS WHERE THE PROBLEMS LIE.
AT THIS POINT, THAT IS WHAT IT IS.
IF YOU ARE IN PUSHING INDIVIDUALS, WAITING FOR PERSONS GOING ON,, FROM HOME, GOING TO WORK AND SO FORTH.
THEY ARE AT FOR THEY ARE RELAXED IN PUSHING THEM.
THAT IS THE WORK THAT WAS TRUE TO MY HEART, THAT IS HOW I FELT ABOUT IT.
WHEN YOU PERFORM THIS CRIME, YOU PICK SOMEONE´S LIFE AND YOU ARE RUNNING.
WHY ARE YOU RUNNING?
I WAS RAISED IN A HOUSEHOLD WHERE YOU BE A MAN.
IF YOU DO SOMETHING THAT IS WRONG, TAKE THE PUNISHMENT.
WHY ARE WE RUNNING?
I WANT THE PUBLIC TO KNOW THAT WE ARE NOT GOING TO SHY AWAY FROM THIS SITUATION.
WE ARE NOT GOING ANYWHERE.
THAT IS EXACTLY WHAT WE ARE GOING TO DO, WE ARE NOT AFRAID.
>> VERY STRONG WORDS.
RESIDENTS OF ST. JOHN HAVE EXPRESSED SOME CONCERNS ON THE OVERALL UNDERSTAFFING AND THE RESIDENCE OF VIPD ON THE ISLAND.
WHAT STEPS ARE BEING TAKEN TO ENSURE THAT THERE IS ENOUGH RESOURCES TO BE ABLE TO ADDRESS THOSE CONCERNS?
>> I HAVE HAD AN OPPORTUNITY TO INSTALL AN ACTING POLICE CHIEF IN BOTH DISTRICTS.
WE´VE HAD AN OPPORTUNITY TO AND REWRITE OUR STRATEGY, HOW WE ARE GOING TO ADDRESS CRIME.
A LOT OF THAT COMES WITH THE DETERMINATION OF HOW DO WE ASSIGN THE MANPOWER ACROSS THE TERRITORIES SO THAT WE HAVE FULL COVERAGE.
ST. JOHN IS ONE OF THOSE AREAS WE SAW BECAUSE THE NUMBERS ARE VERY SMALL.
WE TRIED RECRUITING IN THE ST. JOHN AREA.
WE WOULD LOVE TO GET SOME OFFICERS OVER TO.
I WOULD SAY AS HIGH AS 90% OF THE OFFICERS SERVING ON ST. JOHN ARE FROM ST. THOMAS.
THEY HAVE TO TRAVERSE DOWN TO TO DO THEIR DUTIES.
WE ARE LOOKING AT REPRODUCING THE MANPOWER AND MAKING SOME MOVES AND MOVING SOME BODIES AROUND SO THAT WE CAN BOOST THAT PRESENCE ONTO EIGHT AND MORE BODIES OVER THERE TO SUPPORT THE DISTRICT.
>> YOU MENTIONED YOUR LEADERSHIP.
THERE HAS BEEN SOME CHANGES SINCE YOU HAVE TAKEN THE HELM OF VIPD.
NOTABLY, DEBORAH HODGE, YOU GUYS HAVE NOTED SHE IS THE FIRST FEMALE POLICE CHIEF IN THE ST. THOMAS ST. JOHN DISTRICT.
WHAT ARE SOME CHANGES YOU MADE AS FAR AS WHAT LEADERSHIP LOOKS LIKE ACROSS THE TERRITORY?
>> DEBORAH HODGE IS THE FIRST FEMALE POLICE CHIEF.
WE HAVE A VERY GOOD SUPERVISOR, TACTICIAN, STRATEGIST.
HE IS NOW THE ACTING DEPUTY CHIEF FOR THE ST. THOMAS DISTRICT.
ST. CROIX, WE HAVE A NEW ACTING CHIEF.
SEAN SANTOS, WHO WAS THE FORMER CHIEF IS NOW MY ACTING ASSISTANT COMMISSIONER IN THE ST. CROIX DISTRICT.
AND THEN WHO EVERYONE KNOWS IS THE CHIEF, NOW THE ACTING DEPUTY CHIEF ON ST. CROIX.
AS YOU CAN SEE, LOOK AT THE CAPITAL CITIES TO SEE WHAT YOU BRING TO THE TABLE.
KNOWING MY LEADERSHIP STYLE, I PROMOTE PEOPLE UP THAT I KNOW CAN HELP ME MOVE THE DEPARTMENT IN THE RIGHT DIRECTION.
>> I WANT TO TALK ABOUT THIS.
AS YOUR PREDECESSOR, FORMER VIPD COMMISSIONER MARTINEZ WAS INDICTED ON FRAUD AND PUBLIC LIBRARY CHARGES AND IS TIED TO A CONTRACT WITH THE GOVERNMENT CONTRACTOR.
SINCE YOU HAVE TAKEN OVER THE DEPARTMENT, WHAT ARE SOME STEPS YOU ARE TAKING TO GAIN BACK PUBLIC TRUST THAT HAS BEEN IMPACTED BECAUSE OF THIS MATTER?
>> 41, TRANSPARENCY.
I BELIEVE TRANSPARENCY IS A FIX FOR THE POLICE DEPARTMENT AND GAINING TRUST IN THE COMMUNITY.
PEOPLE HAVE TO KNOW.
WE HAVE BEEN DOING A VERY GOOD JOB OF KEEPING THE COMMUNITY IN THE KNOW.
THAT IS ONE.
THERE ARE MECHANISMS IN PLACE WITHIN THE GOVERNMENT FOR PROCUREMENT THAT HELPS TO KEEP THE DETERMINED PROCESS IN A STRAIGHT LINE AND THAT IS WHAT WE ARE DOING.
WE ARE FOLLOWING THOSE GUIDELINES TO THE BOOK, HOW IT IS SUPPOSED TO BE DONE TO ENSURE THAT WE STAY WITHIN THE GUIDELINES.
THERE ARE CONCERNS TO MAKE SURE WE DO THE RIGHT THING ALWAYS.
TRANSPARENCY IS KEY, ENSURING WE GET THE MESSAGE OUT TO THE PEOPLE.
I HAVE NO ISSUES WITH DOING THIS.
I ONLY SAY BAD NEWS DOESN´T GET GOOD OVERTIME.
I HAVE NO ISSUES WITH GOING BEFORE THE COMMUNITY TO SAY WE CAN DO A BETTER JOB IN THIS AREA.
>> OKAY.
I WANT TO GET TO A RECENT EVENT THAT WAS PUBLISHED IN THE VIRGIN ISLANDS CONSORTIUM THAT WAS DETAILING ALLEGATIONS WITH ST. CROIX WHO SAYS VIPD OFFICERS ENTERED HIS PROPERTY, HANDCUFFED HIM WITHOUT ASKING FOR HIS NAME, AND WITH HIM TO THE POLICE STATION AT A HIGH SPEED WITHOUT SECURING HIM WITH A SEATBELT ONLY TO REALIZE THEY HAVE THE WRONG PERSON.
THIS NEWS REPORT THAT HAS RAISED CONCERNS ABOUT LEASE PROCEDURES AND ACCOUNTABILITY, WHAT ARE YOUR RESPONSES TO THESE OTHER NATIONS AND WHAT STEPS DID YOU PLAN TO TAKE TO MATURE INCIDENTS LIKE THESE DON´T HAPPEN AGAIN?
>> WE HAVE SEVERAL MECHANISMS ALREADY IN PLACE TO ADDRESS THOSE ISSUES.
ONE, THE COMPLAINT PROCESS.
I WOULD ENCOURAGE CITIZENS TO USE THAT PROCESS.
WE HAVE THE COMPLAINT FORM THAT YOU CAN GO DOWN TO THE OFFICE TO FILE THE COMPLAINT.
THEY INVESTIGATED EVERY CASE IN DETAIL.
THEY ARE AN INDEPENDENT DEPARTMENT AND REPORT TO THE DEPUTY COMMISSIONER AND PEOPLE TAKE IT FROM THERE.
IF THEY REQUIRE ADDITIONAL SUPPORT, THEN WE WILL REQUEST THAT.
THE ALLEGATIONS WILL BE INVESTIGATED, AS THEY SHOULD, BECAUSE THERE MAY BE VALIDITY TO THAT.
WE HAVE TO ENSURE THAT OUR COMMUNITY UNDERSTANDS NO COMPLAINT GOES UNNOTICED, NO COMPLAINT GOES ON INVESTIGATED.
YOU MAKE A COMPLAINT, WE WILL LOOK INTO IT.
>> ALL RIGHT.
NOW, GOVERNOR ALBERT BRYAN ISSUED A DIRECTIVE THAT LOCAL LAW ENFORCEMENT SHOULD NOT ASSIST WITH IMMIGRATION ENFORCEMENT RATES, EMPHASIZING IT IS A FEDERAL RESPONSIBILITY.
THE ATTORNEY GENERAL´S OFFICE ANNOUNCED THAT 37 FEDERAL LAW ENFORCEMENT OFFICERS WHO WERE COMMISSIONED AS VIRGIN ISLANDS PEACE OFFICERS, ESSENTIALLY GIVING THEM THE SAME POWER AS LOCAL PEACE OFFICERS IN THE TERRITORY.
WHAT DOES THIS DIRECTIVE, HOW DOES IT IMPACT THE IMPLICATIONS WITH LOCAL AND FEDERAL, THE RELATIONSHIP THAT WE HAVE, ANY LASTING IMPACTS GIVEN THE GOVERNOR´S DIRECTIVE?
>> FIRST AND FOREMOST, THE DIRECTIVE IS EXCEPT THE THAT AND VIPD WILL ADHERE TO THAT.
THAT HAS ALREADY BEEN PUT OUT TO THE ENTIRE DEPARTMENT.
I UNDERSTAND AND I SUPPORT HIS DECISION.
NOW, THE FEDERAL OFFICERS WHO WERE DEPUTIZED LOCALLY, THAT DIGITIZATION GIVES THEM THE AUTHORITY TO MAKE LOCAL ARRESTS, NOT FEDERAL ARRESTS.
IMMIGRATION TYPE SITUATIONS, AS YOU MENTIONED WITH I.C.E., THAT IS A FEDERAL CHARGE.
THEY CANNOT UTILIZE LOCAL AUTHORITY TO MAKE THAT ARREST.
>> OKAY.
BEFORE WE GO, TELL ME, WHAT ARE YOUR KEY GOALS THAT YOU WANT TO ACHIEVE WITHIN THE NEXT SIX MONTHS?
>> PREVENTION OF CRIME IS AT THE TOP OF THE LIST.
OUR GOAL IS TO USE DATA-DRIVEN STRATEGIES TO REDUCE CRIME.
WE HAVE DATA COLLECTIONS, MECHANISMS IN PLACE THAT ALLOW US TO DO JUST THAT.
WE HAVE AN ANALYTIC TEAM.
ANALYZE ALL OUR DATA, ALL ARRESTS, ALL THE DATA FROM SHOTSPOTTER AND DIFFERENT MECHANISMS WE HAVE IN PLACE.
WHEN WE UTILIZE THAT TO HELP US FOCUS ON AREAS SPECIFICALLY WITH CRIME THAT IS RAMPANT.
IN ADDITION TO THAT, WE NEED TO ANALYZE CRIME INFORMATION.
WE HAVE SO MUCH DATA THAT IS OUT THERE THAT WE NEED TO COLLECT INTO ONE SPECIFIC LOCATION AND HAVE OUR ANALYSTS UTILIZE THAT DATA FOR CRIME- FIGHTING EFFORTS.
THOSE ARE THE THREE AT THE TOP OF THE LIST.
THE TRAFFIC ENFORCEMENT SYSTEM, WHICH YOU HEARD THE GOVERNOR TALK ABOUT.
WE ARE PUSHING FORWARD FOR THAT.
THAT IS SOMETHING WE ARE TRYING TO GET ONLINE, AT LEAST WITHIN 60 DAYS.
>> ALL RIGHT.
COMMISSIONER, I WANT TO THANK YOU SO MUCH FOR COMING IN AND SPEAKING WITH ME.
THERE´S SO MUCH I KNOW WE CAN COVER SO I DEFINITELY WANT TO BRING YOU BACK.
> >> COMING UP, WE WILL HEAR FROM THIS WEEK´S PANEL.
FIRST, LET´S TAKE A LOOK AT THE ISSUES UP FOR DISCUSSION.
>> IT FEELS LIKE THE TRUMAN ERA WITH THE RED SCARE.
WHEN WE WERE LOOKING FOR COMMUNISTS IN THE COUNTRY AND SHAKING PEOPLE DOWN TO FIND OUT WHAT THE AFFILIATION IS.
>> THAT IS HOW GOVERNOR ALBERT BRYAN JR.
DESCRIBED THE FEDERAL IMMIGRATION RAIDS HAPPENING IN THE TERRITORY UNDER PRESIDENT TRUMP´S EXECUTIVE ORDER, "PROTECTING THE AMERICAN PEOPLE AGAINST INVASION. "
ENFORCEMENT OPERATIONS HAVE SPARKED WIDESPREAD CONCERNS ACROSS THE VIRGIN ISLANDS.
GOVERNOR ALBERT BRYAN JR. SAYS THE IMPACT IS BEING FELT IN PUBLIC SCHOOLS, WITH SOME PARENTS AFRAID TO SEND THEIR CHILDREN TO CLASS BECAUSE OF THEIR IMMIGRATION STATUS.
>> THERE ARE RUMORS ABOUT PEOPLE BEING TAKEN OFF THE BUS.
IT IS NOT TRUE.
WE HAVE THE ATTORNEY GENERAL, DEPARTMENT OF EDUCATION, MY TEAM SITTING DOWN TOGETHER, GIVING INFORMATION TO TEACHERS AND PRINCIPAL´S.
>> GOVERNOR ALBERT BRYAN JR.
ISSUED A DIRECTIVE ON JANUARY 29th TWO HIS CABINET AND ALL GOVERNMENT EMPLOYEES WITH CLEAR INSTRUCTIONS ON HANDLING I. C. E. ACTIVITY IN THE TERRITORY.
THE GET INTO THE DEPARTMENT OF EDUCATION STATES THAT SCHOOLS SHOULD NOT PERMIT I. C. E. AGENTS TO ENTER SCHOOL BUILDINGS WITHOUT A WARRANT SIGNED BY A JUDICIAL OFFICER.
THEY SHOULD ALSO REFRAIN FROM ALLOWING I. C. E. AGENTS TO SPEAK WITH STUDENTS WITHOUT PARENTAL CONSENT OR ANSWERING IMMIGRATION RELATED QUESTIONS ON BEHALF OF ANY STUDENT OR PARENT.
ADDITIONALLY, SCHOOLS ARE REQUIRED TO NOTIFY THEIR SUPERIOR OF ANY I. C. E. PRESENCE ON OR AROUND THE FACILITY.
THE COMMISSIONER OF EDUCATION MUST IMMEDIATELY INFORM THE ATTORNEY GENERAL OF ANY REPORTED I. C. E. ACTIVITY.
GOVERNOR ALBERT BRYAN JR. MAKES IT CLEAR FEDERAL ACTIVITY IS NOT SENTIENT OR SUPPORTED BY LOCAL LAW ENFORCEMENT.
THE DIRECTIVE STATES "PEACE OFFICERS HAVE THE DUTY TO PROTECT RESIDENTS AND ENFORCE LOCAL LAWS AND ARE NOT AUTHORIZED TO ASSIST FEDERAL AGENTS IN IMMIGRATION ENFORCEMENT ACTIVITY."
GOVERNOR ALBERT BRYAN JR.
CLOSES THE DIRECTIVE WITH THIS MESSAGE, "WE CELEBRATE OUR COMMUNITIES DIVERSITY AND WE WILL CONTINUE TO PROTECT THE RIGHTS OF ALL RESIDENTS. "
>> I, IDA SMITH, INDEPENDENT CANDIDATE NUMBER THREE ON THE BALLOT FOR THE U. S. HOUSE OF REPRESENTATIVES.
>> IDA SMITH, WHO RAN FOR DELEGATE FOR CONGRESS IN THE NOVEMBER 2020 FOR GENERAL ELECTIONS IS SWING SUPERVISOR OF ELECTIONS CAROLYN FOX FOR $5.
5 MILLION, CLAIMING FOX VIOLATED HER CONSTITUTIONAL RIGHT TO RUN FOR OFFICE PIPES QUALIFYING HER FROM THE BALLOT.
SMITH IS ONE OF 11 PLAINTIFFS IN THE LAWSUIT, WHICH INCLUDES 10 REGISTERED VOTERS FROM THE VIRGIN ISLANDS.
THEY CLAIM FOX OVERSTEPPED HER AUTHORITY WHEN SHE DISQUALIFIED SMITH, CITING CONCERNS BASED ON HER VOTER REGISTRATION IN NEW YORK.
THE LAWSUIT ARGUES ON THE CONGRESS HAS THE POWER TO SET QUALIFICATIONS FOR CANDIDATES RUNNING FOR THE U. S. HOUSE OF REPRESENTATIVES, NOT THE SUPERVISOR OF ELECTIONS.
FOX DISQUALIFIED SMITH IN JUNE OF 2024, STATING SMITH FAILED TO MEET RESIDENCY REQUIREMENTS AND DID NOT SUBMIT REQUIRED DOCUMENTS.
SMITH CONTENDS, HOWEVER, SHE PROVIDED PROOF OF RESIDENCY ON ST. JOHN, INCLUDING A LAND PATENT, VOTER REGISTRATION CANCELLATION IN NEW YORK EFFECTIVE FEBRUARY 2024, AND LEGAL DOCUMENTS ASSERTING HER ELIGIBILITY.
THE LAWSUIT STATES THAT FOX CITED A FEDERAL LAW TO JUSTIFY SMITH´S DISQUALIFICATION, ARGUING IT APPLIES TO TERRITORIES LIKE THE VIRGIN ISLANDS AND GUAM.
HOWEVER, SMITH´S COMPLAINT WANTS TO THE U. S. CONSTITUTION, WHICH LISTS ONLY THREE QUALIFICATION FOR HOUSE CANDIDATES.
BEING 25 YEARS OLD, A U. S. CITIZEN FOR AT LEAST SEVEN YEARS, AND LIVING IN THE STATE AT THE TIME OF THE ELECTION.
THE, SMITH WAS BASED ON THE BALLOT AFTER THE BOARD OF ELECTIONS VOTED TO REINSTATE HER CANDIDACY FOLLOWING A LEGAL OPINION FROM THE ATTORNEY GENERAL´S OFFICE.
THAT CONCLUDED SMITH HAD THE QUALIFICATIONS TO RUN FOR OFFICE.
SHE ULTIMATELY LOST THE ELECTION.
SMITH LAWSUIT RAISES CONCERNS ABOUT HOW BALLOTS WERE HANDLED ON ELECTION DAY.
THE PLAINTIFFS CLAIM VOTERS WERE DENIED THE RIGHT TO VOTE USING PAPER BALLOTS AND THAT BALANCE WERE SECURED IN PROPER BALLOT BOXES FOR MANUAL COPING, VIOLATING FEDERAL ELECTION LAWS.
THE PLAINTIFFS ARE ASKING THE COURT TO DECLARE THAT FOX EXITED HER AUTHORITY TO DECERTIFY THE 2024 ELECTION RESULTS FOR DELEGATES TO CONGRESS AND REQUIRES CHANGES TO ELECTIVE PROCEDURES, INCLUDING MANUAL COUNTING THE PAPER BALLOTS.
SMITH IS SEEKING $5.
5 MILLION IN DAMAGES FOR DEFAMATION, EMOTIONAL DISTRESS, AND FINANCIAL LOSSES RELATED TO HER CAMPAIGN.
THE LAWSUIT WAS FILED IN DECEMBER OF 2024 IN THE DISTRICT COURT FOR THE DISTRICT OF COLUMBIA.
>> YOU THINK THAT THE RESIDENCY REQUIREMENT, WHICH OFFERS YOU CURRENTLY SEEK, YOU ARE GOING TO TAKE HER TO THE?
>> SPEAKING CANDIDLY RECENTLY, GOVERNOR ALBERT BRYAN JR. SAID HE WAS SEEKING A $42,000 OR PERCENT PAY RAISE RECOMMENDED BY THE PUBLIC OFFICIALS COMPENSATION COMMISSION, CITING IT AS A MATTER OF LAW.
THE SENATE PRESIDENT, MILTON POTTER, DISAGREES.
IN A LETTER TO THE GOVERNOR DATED FEBRUARY 3rd, THE SENATE PRESIDENT URGED GOVERNOR ALBERT BRYAN JR. NOT TO IMPLEMENT ANY SALARY INCREASES FOR HIMSELF OR THE LIEUTENANT GOVERNOR, SAYING IT WOULD, "EXCEED THE SCOPE OF AUTHORITY AND CONFLICT WITH THE ESTABLISHED LEGAL FRAMEWORK. "
THE SALARY INCREASES WERE RECOMMENDED IN THE PUBLIC OFFICIALS COMPENSATION STUDY, A REPORT PREPARED BY THE VIRGIN ISLANDS PUBLIC OFFICIALS COMPENSATION COMMISSION, AN INDEPENDENT BODY TASKED WITH REVIEWING AND PROPOSING ADJUSTMENTS TO OFFICIAL PAY.
UNDER THE LAW THAT ESTABLISHED THE COMMISSION, THE LEGISLATURE HAD 90 DAYS TO REVIEW AND ACT ON THE RECOMMENDATIONS IN THE STUDY.
IF NO ACTION WAS TAKEN WITHIN THAT TIME FRAME, THE PROPOSALS WOULD AUTOMATICALLY TAKE EFFECT.
TO SUPPORT HIS POSITION THAT THE GOVERNOR DOES NOT HAVE THE AUTHORITY TO IMPLEMENT THE RAISES WITHOUT LEGISLATIVE ACTION, MILTON POTTER POINTED TO A LEGAL OPINION FROM THE LEGISLATURE CHIEF LEGAL COUNSEL.
THE OPINION STATES THAT UNDER CURRENT LAW, THE GOVERNOR CANNOT LEGALLY RAISE HIS OWN SALARY OR THE LIEUTENANT GOVERNOR IS WITHOUT THE LEGISLATURE AMENDING TITLE THREE SECTION 1 AND 31 OF THE VIRGIN ISLANDS CODE.
IT ALSO CLARIFIES THAT WHILE RAISES AUTOMATICALLY TAKE EFFECT IF THE LEGISLATURE DOES NOT ACT WITHIN 90 DAYS, THEY WOULDN´T BECOME EFFECTIVE UNTIL AFTER THE LEGISLATIVE SESSION FOLLOWING THE 2026 ELECTION.
THE OPINION INDICATES THAT THE PUBLIC OFFICIALS COMPENSATION ACT DOESN´T OVERWRITE EXISTING SALARY LAWS.
INSTEAD, IT ESTABLISHES A PROCESS FOR REVIEWING AND RECOMMENDING SALARIES, WITH AUTHORITY TO APPROVE AND IMPLEMENT RAISES RESTING SOLELY WITH THE LEGISLATURE.
MILTON POTTER STRESSED THE IMPORTANCE OF FISCAL RESPONSIBILITY, POINTING TO THE GOVERNMENT CURRENT FINANCIAL CHALLENGES.
HE SAYS THE PUBLIC EXPECTS THE EXECUTIVE AND LEGISLATIVE BRANCHES TO BE CAREFUL WITH TAXPAYER MONEY.
IF THE ISSUE CANNOT BE RESOLVED THROUGH DISCUSSION, POTTER WANTED THE LEGISLATURE MAY TAKE THE MATTER TO COURT, THOUGH HE SAID HE PREFERRED TO AVOID THAT.
ME TO BREAK THIS ALL DOWN IS DR. FREDERICKS, A RESEARCH SCIENTIST, PROJECT MANAGER AND COMMUNITY ADVOCATE.
WELCOME TO "COMES WITH THE TERRITORY."
IN OUR ST. CROIX STUDIO, WE HAVE ATTORNEY KYE WALKER.
AND, CURRENT DELEGATE TO THE SIX CONSTITUTIONAL CONVENTION OF THE U. S. VIRGIN ISLANDS.
IT IS GREAT TO HAVE YOU BOTH WITH US.
>> THANK YOU.
>> NICE TO BE HERE.
>> BEFORE WE GET INTO TODAY´S TOPICS, I WOULD LIKE TO HEAR BRIEFLY YOUR THOUGHTS ON MY CONVERSATION WITH THE VIPD COMMISSIONER MARIO BROOKS.
WHAT ARE SOME OF THE KEY TAKEAWAYS FROM THE DISCUSSION?
>> I THINK HE MADE SOME GOOD POINTS ON THE STRATEGY HE WANTED TO IMPLANT TO MAKE CHANGES.
THAT WAS GOOD TO HEAR, THAT THEY ARE CONTINUING THROUGH ANALYTICS AND DIFFERENT FORMS OF TRYING TO GET AT THE ISSUE.
>> ATTORNEY WALKER, FROM WHAT YOU HAVE HEARD FROM THE DISCUSSION, WHAT ARE YOUR TAKEAWAYS?
>> I UNDERSTAND THE COMMISSION´S POSITION THAT THEY HAVE TO DO IS MUCH AS THEY CAN TO CURB CRIME.
THAT IS PERFECTLY UNDERSTANDABLE.
TO DO WHATEVER IT TAKES IS A BIG CONCERN BECAUSE, WHAT DOES THAT MEAN?
WHATEVER IT TAKES IN ACCORDANCE WITH THE LAW?
WHATEVER IT TAKES IN A WAY THAT DOESN´T PUT US UP AGAINST ANOTHER CONSENT DECREE?
THAT IS A BIT CONCERNING.
OTHER THAN THAT, THE COMMISSIONER HAS MY COMPLETE SUPPORT.
THE CRIME RATE THAT WE HAD LAST YEAR, ENDING THE YEAR WITH 44 HOMICIDES IS DEFINITELY SOMETHING THAT NEEDS TO BE ADDRESSED.
>> ATTORNEY CARRINGTON, YOUR TAKES ON WHAT ATTORNEY WALKER JUST NOTED AND YOUR TAKEAWAYS FROM THE DISCUSSION.
>> I THINK THAT THE ISSUE OF CRIME IS DAUNTING.
IT IS NOT ONLY RAMPANT IN THE VIRGIN ISLANDS BUT DOING SOME READING, TRINIDAD, 623 MURDERS LAST YEAR.
NOW THEY PUT TOGETHER A STATE OF EMERGENCY.
SO, THE CARIBBEAN IS EXPERIENCING A CRIME WAVE.
ONE OF THE THINGS THAT I THINK IS IMPORTANT IS WE TAKE A LOOK AT WHERE ALL THE GUNS ARE COMING FROM.
SOME STUDIES I DID REVEAL THAT A STUDY BY THE GOVERNMENT ACCOUNTING OFFICE, A FEDERAL OFFICE REVEALED THAT 75% OF THE GUNS USED TO COMMIT CRIMES HERE ARE IMPORTED FROM THE UNITED STATES.
THAT IS ANOTHER ASPECT OF THE CRIME SITUATION.
>> WE WILL SEE IF WE CAN GET INTO THAT THE NEXT TIME THE COMMISSIONER DOES COME ON.
WE ARE SHIFTING GEARS TO ANOTHER CRITICAL ISSUE.
GOVERNOR ALBERT BRYAN JR.
ISSUED A DIRECTIVE SETTING CLEAR BOUNDARIES ON HOW SCHOOLS AND LOCAL LAW ENFORCEMENT SHOULD RESPOND TO FEDERAL IMMIGRATION RAIDS, INSTRUCTING THEM NOT TO ASSIST I. C. E. AGENTS.
LET´S DIVE INTO WHAT THAT MEANS FOR OUR COMMUNITY AND THE POTENTIAL LEGAL AND PUBLIC SAFETY APPLICATIONS.
ATTORNEY CARRINGTON, I WANT TO STAY WITH YOU.
WHAT POLITICAL MESSAGE, IF ANY, DOES THE DIRECTIVE SEND TO THE GOVERNMENT AND RESIDENTS OF THE TERRITORY?
>> THE POLITICAL MESSAGE IS CLEARLY THAT THE VIRGIN ISLANDS IS NOT READY TO COOPERATE IN THE EXECUTIVE ORDERS OF PRESIDENT TRUMP.
THE ISSUE OF IMMIGRATION AND IMMIGRATION ENFORCEMENT LIES SQUARELY WITHIN THE FEDERAL GOVERNMENT.
THE SUPREMACY CLAUSE SAYS THAT CERTAIN ASPECTS OF LAW LIE WITHIN THE FEDERAL GOVERNMENT, TRAVEL BEING ONE AND IMMIGRATION.
IN ANOTHER.
SO, THE VIRGIN ISLANDS IS NOT ALONE IN NOT WANTING TO COOPERATE WITH THE IMMIGRATION ROOMS THAT THE PRESIDENT HAS PUT IN PLACE FROM HIS EXECUTIVE ORDERS.
IT IS A CHALLENGING POSITION TO TAKE IT GIVEN THIS PRESIDENT.
>> I WANT TO ASK YOU WHAT POTENTIAL POLITICAL RISK COULD THE TERRITORY FACE BECAUSE OF THE GOVERNOR´S DIRECTIVE ON LOCAL LAW ENFORCEMENT REFUSAL TO COORDINATE WITH FEDERAL AUTHORITIES?
>> I THINK THE MESSAGE THAT WAS PUT OUT, I THINK IT IS OKAY TO STAY NEUTRAL AND LET OFFICIALS DO THEIR JOB.
YOU CAN SEE THAT THE ADMINISTRATION IS VINDICTIVE, AND A SENSE.
THERE ARE LAWS IN PLACE FOR STUFF LIKE THIS.
BEFORE, WE CANNOT DO THIS BUT NOTHING SAYING YOU SHOULD NOT DO THIS.
THEY DON´T CARE ABOUT CHECKS AND BALANCES.
REGARDLESS OF ORDER´S OR WHAT LAWS IT BREAKS.
>> ATTORNEY WALKER, BY PUTTING HIS DIRECTIVE IN WRITING, GOVERNOR ALBERT BRYAN JR.
TOOK WHAT COULD HAVE BEEN AN INTERNAL CONVERSATION WITH HIS CABINET AND STAFF AND PUT IT IN A FORMAL DOCUMENT THAT IS NOW IN A STORY WITH POTENTIAL TO CATCH NATIONAL ATTENTION AND THE ATTENTION OF THE TRUMP ADMINISTRATION.
DO YOU THINK THE GOVERNOR SHOULD HAVE PUT THIS IN WRITING OR SHOULD THIS HAVE BEEN AN INTERNAL CONVERSATION?
>> THE GOVERNOR MADE A JUDGMENT CALL.
WE HAVE PEOPLE IN THE COMMUNITY RIGHT NOW THAT ARE FEARFUL.
WE HAVE PEOPLE IN THE COMMUNITY THAT ARE NOT GOING TO WORK, THEY ARE NOT GOING TO SCHOOL.
THEY ARE NOT SURE IF THEY ARE ABOUT TO BE SEPARATED FROM THEIR FAMILIES.
THEY ARE NOT SURE IF THEY ARE ABOUT TO BE SHIPPED OFF LIKE GUANTANAMO BAY.
THE GOVERNOR MADE A JUDGMENT CALL TO AT LEAST TRY TO PUT THEIR MINDS AT EASE, TO SHOW THAT WE ARE NOT GOING TO WORK WITH I. C. E. TO TEAR APART YOUR FAMILY OR TEAR APART YOUR LIFE.
HIS JUDGMENT CALL, HE CLEARLY LEANED ON THE SIDE OF THE RESIDENCE TO GIVE THEM PEACE OF MIND.
WITH REGARD TO BACKLASH FROM THE TRUMP ADMINISTRATION, THE GOVERNOR HAS A TEAM OF LAWYERS AND A TEAM OF POLICY ADVISORS IN THE FORM OF LOBBYISTS WHO WORK AROUND THE CLOCK IN D. C. THIS ISSUE WITH TRUMP SOMEHOW PENALIZING THE VIRGIN ISLANDS, WE ALREADY KNOW HE ATTEMPTED TO ROLL BACK DISASTER RECOVERY DOLLARS OR AT LEAST TO FREEZE IT AND THAT BACKFIRED.
THERE WAS A LAWSUIT.
HE HAD TO STEP BACK ON THAT.
AT THE SAME TIME THE GOVERNOR IS ISSUING MEMORANDUMS LETTING THE RESIDENTS KNOW THIS IS WHAT WE ARE GOING TO DO, THIS IS WHAT WE ARE NOT GOING TO DO, HE HAS A TEAM WORKING IN D. C. TO MAKE SURE TO TRY AND PROTECT THE VIRGIN ISLANDS AND PROTECT THE FEDERAL DOLLARS WE HAVE RECEIVED AND TO PROTECT OUR DISASTER RECOVERY EFFORTS.
THIS WAS NOT DONE IN A VACUUM AT ALL.
>> DOES GOVERNOR ALBERT BRYAN JR. ´S DIRECTIVE, DO YOU THINK IT STRENGTHENS HIS IMAGE LOCALLY, OR DOES IT RISK BACKFIRING ON THE, IF THE FEDERAL GOVERNMENT DECIDES TO RESPOND AGGRESSIVELY?
>> I OPINION IS THAT THE MAIN POINT IN THE WRITING IS NOT CONCRETE THAT YOU ARE GOING AGAINST WHAT THE ADMINISTRATION IS TRYING TO ACHIEVE.
THAT IS GOING TO LOOK TO THEM, IF ANYTHING, THAT YOU ARE AN ENEMY OF THE PROGRESS THEY ARE TRYING TO MAKE.
IN THE SAME TOKEN, IT DOES SHOW THAT HE IS STANDING WITH THE RESIDENCE OF THE VIRGIN ISLANDS, TO MAKE SURE THEY FEEL REJECTED AND FEEL SAFE.
IT IS KIND OF A CONFLICT, IN A SENSE.
>> ATTORNEY CARRINGTON, WITH THE NO BAILOUT FOR SANCTUARY CITIES ACT EXPECTED TO BE CONSIDERED BY CONGRESS SOON, AIMING TO CUT FEDERAL FUNDING TO JURISDICTIONS THAT DON´T COOPERATE WITH I.C.E., DO YOU THINK THE VIRGIN ISLANDS IS AT RISK OF BEING TARGETED UNDER THIS LEGISLATION, EVEN THOUGH WE AREN´T OFFICIALLY LABELED AS A SANCTUARY JURISDICTION?
>> THE VIRGIN ISLANDS AS YOU SAW, UNLIKE PLACES LIKE LOS ANGELES, NEW YORK, CHICAGO, WE HAVE NEVER ANNOUNCED THAT WE ARE A SANCTUARY CITY.
IT IS MY HOPE THAT, AS IT IS, WE MAY ACT AS A SHIELD REGARDING THE WITHHOLDING OF FEDERAL FUNDS FROM LAW ENFORCEMENT AND IMMIGRATION.
YOU CANNOT WORK WITH THIS GENTLEMAN, I AM BEING GENEROUS WITH THAT WORD, THE PRESIDENT OF THE UNITED STATES HAS SHOWN HE IS VINDICTIVE AND NOT HESITANT TO USE FUNDS AS A WEAPON AGAINST THOSE PERSONS WHO GO AGAINST HIS EDICTS.
>> ATTORNEY WALKER, I KNOW WE ARE TALKING ABOUT FEDERAL FUNDING.
BEYOND THE RETALIATION ON POSSIBLE FUNDING CUTS, COULD THERE BE A POTENTIAL IMPLICATIONS SUCH AS INCREASING THE PRESENCE OF FEDERAL AGENTS WERE TARGETING SPECIFIC PROGRAMS IN THE TERRITORY?
>> THERE CERTAINLY COULD BE.
THE PRESIDENT WIELDS A GREAT DEAL OF POWER.
AT THE SAME TIME, DO WE REALLY WANT OUR GOVERNOR TO REMAIN QUIET, TO NOT SPEAK UP, TO NOT SPEAK OUT TO PROTECT HIS RESIDENCE?
DO WE WANT OUR GOVERNOR TO ACT POWERLESS OUT OF FEAR OF THE PRESIDENT?
I DON´T THINK WE WANT THAT EITHER.
AT SOME POINT, WHEN WE ARE FACED WITH A THREAT, OR WE ARE FACED WITH SOME FORM OF VINDICTIVENESS OR BULLYING, I WOULD PREFER TO HAVE A GOVERNOR THAT TAKES A STAND, STANDS HIS GROUND, AND RESPONSE AS OPPOSED TO A GOVERNOR WHO IS GOING TO COWER AND BE SCARED TO DO ANYTHING AT ALL.
>> WE ARE TURNING TO THE $5.
5 MILLION LAWSUIT FILED BY 2024 CONGRESSIONAL CANDIDATE IDA SMITH.
SHE IS SUING CAROLYN FOX IN HER OFFICIAL CAPACITY AS SUPERVISOR OF ELECTIONS, CLAIMING FOX VIOLATED HER CONSTITUTIONAL RIGHT TO RUN FOR OFFICE BY DISQUALIFYING HER BASED ON CRITERIA NOT OUTLINED IN THE U. S. CONSTITUTION.
ATTORNEY WALKER, I WANT TO STAY WITH YOU.
SMITH FILED HER LAWSUIT IN THE DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, CITING FEDERAL LAWS RELATED TO CIVIL RIGHTS AND VOTING RIGHTS.
WHY DO YOU THINK SHE CHOSE TO FILE IN D. C. INSTEAD OF THE VIRGIN ISLANDS AND HOW DO YOU THINK THAT CHOICE MIGHT AFFECT HER CASE?
>> I ASSUME SHE DOESN´T KNOW BETTER BECAUSE SHE DOESN´T HAVE AN ATTORNEY.
IT IS NOT CLEAR TO ME WHY SHE WOULD FILE IN THE FEDERAL DISTRICT COURT OF THE VIRGIN ISLANDS AS OPPOSED TO THE DISTRICT COURT OF COLUMBIA.
I DON´T KNOW WHAT HER THOUGHT PROCESS IS.
IT STRIKES ME IS THAT.
I WOULD ASSUME SHE DOESN´T UNDERSTAND HOW THE COURT SYSTEM WORKS AND WHERE SHE SHOULD FILE HER LAWSUIT.
>> ALL RIGHT.
IN THE LAWSUIT, SMITH ARGUES THE U. S. CONSTITUTION SETS THE ONLY QUALIFICATIONS FOR CONGRESSIONAL CANDIDATES, WHILE SUPERVISOR FOX HAD SAID SHE DISQUALIFIED SMITH FROM THE BALLOT DUE TO FEDERAL LAW THAT APPLIES TO THE VIRGIN ISLANDS.
HERE IS MORE OF WHAT FOX SAID.
>> THE SUPERVISOR OF ELECTIONS, AS I STATED THEN, I WAS FOLLOWING THE ROLLOUT, SECTION 1713 IS THE FEDERAL LAW AND IT APPLIES TO GUAM AND THE VIRGIN ISLANDS.
AND, WON THE VIRGIN ISLANDS HAVE BEEN FOLLOWING THIS LONG FROM ITS INCEPTION.
I AM ONLY FOLLOWING THE LAW THAT WAS FOLLOWED FOR YEARS.
IT IS GOOD TO GET IT CLARIFIED.
I AM GLAD IT IS GOING TO THE FEDERAL COURT.
I AM SURE THEY ARE GOING TO SEND IT BACK TO THE VIRGIN ISLANDS BECAUSE IT HAS NOTHING TO DO WITH D. C. WE AWAIT THE NEXT STEPS.
>> TO CLARIFY, THE FEDERAL LAW FOX REFERRED TO, 48 USC 1713 STATES THAT TO BE ELIGIBLE FOR THE OFFICE OF DELEGATE, THE CANDIDATE MUST BE AT LEAST 25 YEARS OF AGE ON THE DATE OF THE ELECTION, HAVE BEEN A CITIZEN OF THE UNITED STATES FOR AT LEAST SEVEN YEARS PRIOR TO THE DATE OF THE ELECTION, BE AN INHABITANT OF THE TERRITORY FROM WHICH THEY ARE ELECTED, AND NOT BE ON THE DATE OF THE ELECTION.
THEY CANNOT BE A CANDIDATE FOR ANY OTHER OFFICE.
THE FIRST THREE REQUIREMENTS ARE OUTLINED IN THE U. S. CONSTITUTION, WHICH SMITH IS ARGUING SHE MET.
WHILE THE CONSTITUTION USES THE WORD "ESTATE" SECTION 1713 OF THE U. S. CODE, WHICH FOX SAYS SHE WAS FOLLOWING USES THE WORD TERRITORY FOR CANDIDATES RUNNING IN PLACES LIKE THE VIRGIN ISLANDS.
DOES SUPERVISOR CAROLYN FOX HAVE A VALID POINT IN SAYING THAT THE FEDERAL COURT SHOULD CLARIFY THE CONFLICTING LAWS?
>> OF COURSE, AND IT HAPPENS QUITE OFTEN WHERE TWO STATUTES MAY CONFLICT.
IT IS UP TO THE COURTS TO MAKE THAT INTERPRETATION.
WHAT IS INTERESTING TO NOTE IS THAT MS. SMITH, IN HER SUIT IDENTIFIED HERSELF AS A RESIDENT OF NEW YORK.
ONE OF THE THINGS THAT SUPERVISOR FOX IS CONTENDING IS THAT BASED ON 1713, A PERSON CAN´T HAVE MORE VOTER REGISTRATION.
ONE OF THE THINGS THAT IS BEING ARGUED BY SUPERVISOR FOX IS THAT MS. SMITH IS REGISTERED TO VOTE IN BOTH NEW YORK AND THE VIRGIN ISLANDS, WHICH BRINGS TO MIND A CASE THAT TOOK PLACE SOME 30 YEARS AGO, WITH THE VOTER REGISTRATION OF KENNETH MOSS WAS AT ISSUE AND HE WAS REMOVED FROM THE SENATE AFTER IT WAS DETERMINED THAT HE WAS A BULL REGISTRANT WITHIN THE VIRGIN ISLANDS AND ANOTHER JURISDICTION.
THE CLARIFICATION OF THE CONFLICT OF LAW, AS THEY EXIST, TO THE EXTENT THEY EXIST, HAS TO BE DONE BY THE COURTS.
THAT IS WHERE WE ARE RIGHT NOW.
>> DR. FREDERICKS, IN FOLLOWING THIS, SUPERVISOR FOX DISQUALIFIED IDA SMITH.
SHE APPEALED TO THE BOARD OF ELECTIONS, AND SHE WAS INSTRUCTED TO DO.
THE BOARD SOUGHT GUIDANCE FROM THE ATTORNEY GENERAL´S OFFICE, WHO DETERMINED SMITH MET THE QUALIFICATIONS.
THE BOARD VOTED TO REINSTATE HER.
FOX FILED A LAWSUIT AGAINST THE BOARD TO HAVE SMITH DISQUALIFIED IT IN.
BUT, THAT LAWSUIT WAS EVENTUALLY DISMISSED.
IN YOUR OPINION, DO YOU THINK FOX UNDERMINED THE AUTHORITY OF THE BOARD OF ELECTIONS AND THE ATTORNEY GENERAL´S OFFICE BY PURSUING LEGAL ACTION AFTER THEY RULED THAT SMITH RULED ON SMITH´S ELIGIBILITY?
>> I THINK THAT CASE SEEMED TO HAVE A DIFFERENCE OF OPINIONS.
THE BIGGER PICTURE FOR ME IS THERE SEEM TO BE DIFFERENT SYSTEMS IN PLACE.
IN THIS CASE, IT SEEMS TO BE AN ISSUE OF WHICH SYSTEM HOLDS PARITY.
I THINK THERE NEEDS TO BE OPTIMIZATION OF THE SYSTEM, WHICH SYSTEM WILL TAKE UP RESIDENCE IN THESE KIND OF CASES.
IN THAT WAY, IT BRINGS UP THE ISSUE THAT SHOULD BE A TALKING POINT, THE FACT THAT FOX IS 22 AGAINST WHAT WAS ALREADY RULED.
THESE TYPES OF ISSUES DON´T KEEP REOCCURRING.
>> OF THE BOARD OF ELECTIONS FOR THE TWO RACES THE BALLOT, FOX DID FILE A LAWSUIT TO HAVE SMITH DISQUALIFIED, A LAWSUIT THAT WAS DISMISSED.
ATTORNEY WALKER, DOES THIS SUGGEST THAT FOX HEARD THE DECISION AS FINAL WITH NO ROOM FOR THE BOARD TO OVERRULE HER, AND IF THAT IS A CASE, IS THAT A FLAWED WAY OF THINKING, WHEN THERE SHOULD BE ADMINISTRATIVE REMEDIES TO CHALLENGE DECISIONS THAT PEOPLE BELIEVE ARE WRONG?
>> I DON´T THINK HER DECISION IS FINAL.
SHE VIEWED THIS PARTICULAR DECISION SHE MADE TO BE THE CORRECT ONE.
WHAT IS INTERESTING IS IDA SMITH ACTUALLY WON THIS DISPUTE ULTIMATELY WHEN THE ATTORNEY GENERAL ISSUED THE OPINION.
I AM VERY PERPLEXED AS TO WHY SHE WOULD OPEN THIS CAN OF WORMS AND ASK FOR A JUDICIAL DECISION OVER A DISPUTE THAT QUITE FRANKLY HAS ALREADY PREVAILED ON BECAUSE SHE NOW RUNS THE RISK OF THE DISTRICT COURT AGREED AND WITH FOX.
SHOULD THE DISTRICT COURT AGREED WITH FOX, WHAT THAT MEANS FOR IDA SMITH.
THIS IS JUST A VERY CONFUSING DECISION, OR STRATEGY, THAT IDA SMITH HAS EMPLOYED.
SHE IS RUNNING TO BE DELICATE, CORRECT?
IS SHE SUING THE BOARD OF ELECTIONS FOR 5+ MILLION DOLLARS?
WHO IS IT THAT SHE EXPECTS TO PAY THIS?
IF SHE HAS THE BEST INTERESTS OF THE PEOPLE OF THE VIRGIN ISLANDS AT HEART, WHY IS SHE SUING OUR TREASURY, ULTIMATELY, FOR 5+ MILLION DOLLARS, IN ADDITION TO PUTATIVE DAMAGES?
SO, I DON´T KNOW THAT THIS LAWSUIT THAT IDA SMITH HAS FILED WAS A VERY SMART DECISION.
IT DOESN´T APPEAR TO BE SO.
PERSONALLY, I HAVE NO KNOWLEDGE ABOUT IT.
IT IS NOT THAT I KNOW HER PERSONALLY.
I THOUGHT AFTER THE LAWSUIT THAT I COULD NEVER SUPPORT A CANDIDATE THAT WOULD SEEK 5+ MILLION DOLLARS IN ADDITION TO PUNITIVE DAMAGES FROM OUR LIMITED TREASURY.
BUT, AS FAR AS FOX IS CONCERNED, SHE WILL GET HER DAY IN COURT BECAUSE IDA SMITH HAS SUED SO WE´LL SEE WHAT THE FINAL OUTCOME IS.
>> WE WILL BE SEEING WHAT THE FINAL OUTCOME WILL BE.
LET´S MOVE ON TO THE CONTROVERSY OVER THE GOVERNOR´S SALARY INCREASE.
SENATE PRESIDENT MILTON POTTER HAS URGED GOVERNOR ALBERT BRYAN JR. NOT TO IMPLEMENT PAY RAISES FOR HIMSELF, THE LIEUTENANT GOVERNOR, AND OTHER PUBLIC OFFICIALS, ARE DOING IT EXCEEDS EXECUTIVE AUTHORITY.
MILTON POTTER CITES A LEGAL OPINION STATING ONLY THE LEGISLATURE CAN SET THOSE SALARIES WHILE GOVERNOR ALBERT BRYAN JR.
INSIST THE RAISES ARE MANDATED BY THE LAWS THAT ESTABLISH AND GOVERN THE PUBLIC OFFICIALS COMPENSATION COMMISSION.
ATTORNEY WALKER, IF THE LEGISLATURE LEAVES THE PAY RAISE EXCEEDS THE GOVERNOR´S AUTHORITY, WHY NOT REPEAL THE PUBLIC OFFICIALS CAN´T COMPENSATION LAWS?
>> IT HAS ALREADY GONE INTO EFFECT.
WHEN I LAST SPOKE ON THE SUBJECT ON THIS PANEL, I INDICATED THAT I DON´T BELIEVE IT WOULD BE RETROACTIVE.
YOU HAVE TO REALLY EXAMINE THE HISTORY OF WHAT HAPPENED HERE.
YOU´VE GOT THE LONGTIME STATUTE THAT SAYS THE LEGISLATURE SETS THE SALARY.
THEN YOU HAVE THE FIRST ACT THAT WAS PASSED, THAT SAID, OKAY, WE ARE GOING TO FORM THIS COMMISSION TO DO THIS RESEARCH AND MAKE THESE RECOMMENDATIONS AND THE LEGISLATURE HAS 180 DAYS TO ACT.
THEN, YOU COME OUT WITH ANOTHER BILL THAT BECAME AN ACTOR THAT SAYS THOSE 180 DAYS, LET´S MAKE IT 90 DAYS AND IF THE LEGISLATURE DOESN´T ACT, THEN IT IS AUTOMATICALLY APPROVED.
AND THE LOCK, THERE ARE RULES OF STATUTORY CONSTRUCTION.
WHEN YOU ARE DEALING WITH CONFLICTING STATUTES.
WHEN YOU LOOK AT THE RULES OF STATUTORY CONSTRUCTION, THE EDGES LATER IS PRESUMED TO HAVE KNOWLEDGE OF THE LAWS THAT ARE ALREADY ON THE BOOKS WHEN IT ENACTED NEW LAWS.
TO THE EXTENT THAT THE LEGISLATURE ENACTED A LAW SAYING, OKAY, IF WE DON´T ACT WITHIN 90 DAYS, THEN THIS IS WHAT THE SALARY IS GOING TO BE, THERE IS AN ASSUMPTION THAT THE LEGISLATURE DID NOT KNOWING OF THE PRIOR ORIGINAL STATUTE THAT GAVE THE ABILITY TO SET THE SALARIES.
WITH THAT, I SAY, IT APPEARS TO ME THAT THEY ENACTED A NEW LAW WITH THE KNOWLEDGE OF THE LOT AND WITH THE INTENT OF HAVING THE COMMISSIONS RECOMMENDATION BE FINAL UNLESS IT IS APPROVED IT AND THEY DIDN´T DISAPPROVE IT.
SO, WITH ALL DUE RESPECT TO THE LEGISLATURE´S LEGAL COUNSEL, WHO I HAVE UTMOST RESPECT FOR, I DISAGREE WITH THAT OPINION ON THAT POINT.
>> NOW, ATTORNEY CARRINGTON, CONSIDERING THE PUBLIC OFFICIALS COMPENSATION MISSION WAS ESTABLISHED TO REVIEW AND RECOMMEND APPROPRIATE COMPENSATION FOR VARIOUS PUBLIC OFFICIALS, WHICH WOULD INCLUDE SENATORS, DO YOU BELIEVE THE COMMISSION IS FUNCTIONING AS INTENDED, GIVEN THAT THE STUDY ONLY ANALYZED THE SENATE PRESIDENT´S SALARY AND EXCLUDED TO THE OTHER LAWMAKERS?
>> AM NOT FAMILIAR WITH THE SPECIFICS OF THE ENABLING ACT.
BUT, I WOULD LIKE TO MAKE THIS POINT, WHICH IS THAT THERE WERE SOME TIMETABLES BUILT INTO THE ACT.
ONE FACTOR THAT IS GOING TO BE CONSIDERED WITH THIS, IF IT IS RELEGATED, WHETHER OR NOT THE PUBLIC, WHETHER THE COMMISSION MET THE TIMELINES WITH RESPECT TO TRANSMITTING TO THE SENATE PRESIDENT THE RECOMMENDATIONS THEMSELVES.
MY UNDERSTANDING OF THE LAW IS THAT THE LEGISLATURE IS SUPPOSED TO ACT WITHIN 90 DAYS OF RECEIVING THE COMMISSION OF THE REGULATIONS.
THE CONTENTION OF THE FORMER SENATE PRESIDENT IS THAT HE NEVER RECEIVED IT.
THE TRIGGERING OF THE 90 DAYS IS IT HAPPENS UPON RECEIPT BY THE SENATE PRESIDENT OF THE RECOMMENDATION.
THE ACT GOES ON TO SAY THAT IF THE SENATE DOESN´T ACT WITHIN 90 DAYS, THEN THE RAISES TAKE AUTOMATIC EFFECT IN THE PRECEDING ELECTION YEAR.
MY UNDERSTANDING OF THE FACT IS THAT THE REPORT TRANSMITTED TO THE GOVERNOR AND POSSIBLY TO THE HEAD OF THE JUDICIAL BRANCH, BUT NOT TO THE SENATE.
SO, THE 90 DAYS IS NOT TRIGGERED.
THUS, THE RAISES DON´T TAKE EFFECT.
>> NOW, POTTER INDICATED IN HIS LETTER TO THE GOVERNOR THAT SHOULD THE MATTER REMAIN UNRESOLVED, THE LEGISLATURE MAY HAVE NO ALTERNATIVE BUT TO SEEK JUDICIAL INTERVENTION.
ATTORNEY WALKER, I KNOW YOU HAVE TOWARD OPINION AS TO WHETHER OR NOT IT CAN BE REPEALED BUT GIVEN POTTER´S STATEMENTS, BUT THE COLLECTIONS OF THE LEGISLATURE ACTUALLY PURSUE?
>> I THINK THERE IS JUST ONE DISPUTE WITH REGARD TO THE RAISES THAT DISPUTE IS WHETHER THE REASONS GO INTO EFFECT NOW OR THEY GO INTO EFFECT IN 2026.
THAT IS THE ONLY REAL DISPUTE THAT I SEE BETWEEN THE TWO BRANCHES OF GOVERNMENT.
THE LEGISLATURE TAKES A POSITION THAT THEY NEED A JUDICIAL DECLARATION TO DETERMINE THAT DISPUTE THAT IS WITHIN THEIR PURVIEW.
THEY CAN CERTAINLY GO FOR IT.
I JUST THINK THAT IT IS A VERY BAD LUCK TO HAVE THE LEGISLATURE AND EXECUTIVE BRANCH CONSTANTLY AT ODDS LEGAL BATTLES WITH ALL THE MAJOR ISSUES THAT ARE FACING THE RESIDENCE OF THE TERRITORY.
AGAIN, THAT IS WITHIN THE SENATE PRESIDENT´S DISCRETION.
IF HE DEEMS IT TO BE AN IMPORTANT ENOUGH SUBJECT MATTER FOR HIM TO LOOK OVER, I DO THINK THAT THAT IS A DISPUTE THAT HAS TO BE RESOLVED.
>> DR. FREDERICKS, HEARING THE INPUT FROM HORSES AND ATTORNEYS ON THE PANEL, WHAT IS YOUR TAKE ON THIS SERIES OF EVENTS THAT IS HAPPENING QUESTION IT´S BEEN EARLY IN THE DISCUSSION, WE WERE TALKING ABOUT THE GOVERNOR TRYING TO PROTECT THE RESIDENCE.
BUT, LAWS CAN BE RESCINDED, LAWS CAN BE AMENDED.
THEY CAN BE REPEALED.
AND WES ONE CASE, HEARING THE GOVERNOR SPEAK UP FOR THE RESIDENCE OF THE VIRGIN ISLANDS, THAT´S THEIR CULTURE, WE APPRECIATE OUR PEOPLE HERE.
IN THIS CASE, IT IS KIND OF LIKE BEING SLAPPED IN THE FACE WHEN YOU TRY TO PROTECT THE SAME PEOPLE.
HIS PARTING OF THE TWO SIDES OF HIS MOUTH INNOCENCE.
ON THE ONE HAND, TO PROTECT THE CULTURE OF THE PEOPLE, HE SAYS, WE HAVE TO FOLLOW THE LAW.
BUT, IN TERMS OF THE GOVERNOR´S RACE, THERE ARE PEOPLE IN THE COMMUNITY THAT DESERVE RAISES.
THERE WAS A RAISE THAT WAS SUPPOSED TO OCCUR BUT NEVER OCCURRED.
YET, YOU ARE ACCEPTING A RAISE BECAUSE IT IS THE LAW.
I THINK LAWS CAN BE RESCINDED OR AMENDED.
I THINK THAT IS MY VIEW ON THAT.
>> BEFORE WE WRAP UP, LET´S TAKE A MOMENT TO TALK ABOUT JIMMY DAVIS IS LATEST LEGAL TROUBLE.
THIS IS THE GENTLEMAN OUT OF ST. CROIX.
DIFFERENCE HAS TWO DOZEN ARRESTS SINCE HE WAS 18 YEARS OLD AND CHURCHES INCLUDING ASSAULT, ROBBERY, KIDNAPPING, AND ATTEMPTED MURDER.
HIS LATEST ARREST FOR FIRST- DEGREE RAPE TIED TO AN ASSAULT ON NEW YEAR´S EVE IN 2024.
DAVIS HAS A LONG HISTORY OF TROUBLE MAINTAINING LEGAL REPRESENTATION, WITH AT LEAST A DOZEN ATTORNEYS WITHDRAWING FROM RAPE CASES, CITING SPATS, COMBATIVE BEHAVIOR AND SAFETY CONCERNS.
HIS CURRENT ATTORNEY HAS FILED A MOTION TO REMOVE THE ENTIRE PUBLIC DEFENDERS OFFICE FROM THE CASE, CITING YEARS OF VERBAL ABUSE AND THREATS.
NOW, ATTORNEY CARRINGTON, HOW DOES THE JUSTICE SYSTEM HANDLE DEFENDANTS WHO ARE THIS DIFFICULT TO REPRESENT?
>> IT IS AN INTERESTING QUESTION.
JIMMY DAVIS, LIKE ANY DEFENDANT, IS PRESUMED INNOCENT UNTIL PROVEN TO BE.
BASED ON WHAT YOU SAID TO ME, HE HAS AN EXTENSIVE CRIMINAL RECORD.
AND, HE HAS HAD DIFFICULTY WITH THE ATTORNEYS REPRESENTING HIM.
AT SOME POINT, THE BAR ITSELF CANNOT APPOINT A LAWYER TO DEFEND MR. DAVIS.
HE JUST HAS TO BE ABLE TO EXERCISE HIS RIGHT TO THROUGH THE CRIMINAL PROCESS.
>> ATTORNEY WALKER, YOU HAVE HAD FIRSTHAND EXPERIENCE WERE PRESENTING JIMMY DAVIS AND FILED A MOTION TO BE RELIEVED FROM A PRIOR RAPE CASE IN 2022.
BASED ON YOUR EXPERIENCE AND WHAT YOU CAN SPEAK TO, WHAT SPECIFIC CHALLENGES DID YOU FACE THAT MADE IT DIFFICULT TO CONTINUE REPRESENTING HIM?
>> HE THREATENED MY STAFF.
SO, THERE IS NO WAY THAT I CAN REPRESENT SOMEONE OR ANY ATTORNEY CAN REPRESENT SOMEONE WHEN THERE IS A CLIENT WHO IS THREATENING THEIR SAFETY OF THE STAFF AND THREATENING THEM WITH VIOLENCE.
ULTIMATELY, I HAD NO CHOICE BUT TO WITHDRAW.
I KNOW THAT THERE ARE OTHER ATTORNEYS WHO HAVE HAD SIMILAR EXPERIENCES.
THE SITUATION WITH JIMMY DAVIS IS A DIFFICULT ONE.
AT SOME POINT, YOU RUN OUT OF ATTORNEYS TO APPOINT AND WITH THE PUBLIC DEFENDERS ASSIGNING NO, THEY HAVE TO GO TO THE PRIVATE MARKET THERE IS A SHORT LIST OF MEMBERS OF THE PRIVATE BAR THAT ARE LEFT TO REPRESENT HIM.
IT IS A TRICKY SITUATION.
I DON´T KNOW HOW THE COURT IS GOING TO HANDLE IT.
OF COURSE, I WISH ANYONE REPRESENTING HIM THE BEST.
>> AT WANT POINT DOES THE DEFENDANT´S BEHAVIOR BECOME A LEGAL ISSUE IN ITSELF, POTENTIALLY DISRUPTING THE PROCESS AND THE ABILITY OF THE COURT TO MOVE THE CASE FORWARD, WHILE ENSURING THAT THE DEFENDANT GAINS A FAIR TRIAL?
>> WE HAVE SEEN THIS BEFORE.
WE SAW THIS WAS RECENTLY IN A PUBLIC WAY WITH STEPHANIE BARNES WHERE THE JUDGE FINALLY SAID I´M NOT APPOINTING ANYONE ELSE TO SEND HIM, YOU ARE GOING TO STICK WITH THIS ATTORNEY OR YOU REPRESENT YOUR SELF.
THE ISSUE WITH JIMMY DAVIS, HOWEVER, IS THAT THE ATTORNEY IS MOVING TO WITHDRAW AND THE COURT IS FACED WITH A CHALLENGE WHERE IT REALLY CAN´T FORCE ATTORNEYS TO REPRESENT A DEFENDANT UNDER CERTAIN CIRCUMSTANCES, SUCH AS THE ATTORNEY OR ATTORNEYS AND STAFF BEING THREATENED.
ULTIMATELY, THE COURT MAY HAVE NO CHOICE BUT TO HAVE AMBER PRESENT HIMSELF.
I DON´T KNOW WHAT THAT IS GOING TO LOOK LIKE UNDER THE LAW, SINCE EVERYONE IS AFFORDED AN ATTORNEY IN A CRIMINAL PROCESS.
WE WILL HAVE TO SEE.
>> WE DEFINITELY WILL HAVE TO SEE.
THAT IS ALL THE SHOW WE HAVE FOR YOU TODAY.
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