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Outcome of yesterdays Court Hearing

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Outcome of yesterdays Court Hearing

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 Pia
(@pia)
Posts: 1036
Noble Member
Topic starter
 

I know so many people are following this - hear is the article from todays newspaper.

Pia

"Aug. 6, 2007 -- A hearing sometime over the next three days will determine whether 18-year-old Kamal "Six Pack" Thomas, charged with the widely publicized killing of St. John resident James "Jamie" Cockayne, will be detained without bail pending an upcoming trial.
Cockayne, who had recently moved to St. John, was stabbed to death some time after midnight on June 19 in downtown Cruz Bay. According to police reports, Cockayne was transported by ambulance to the Myrah Keating Smith Community Health Center, where he was pronounced dead at 1:10 a.m. (See "St. John Man Arrested in Cockayne Murder.")
During an advice-of-rights hearing held in V.I. Superior Court Monday, prosecuting attorney Renee Gumbs Carty said she had recently filed a motion requesting a detention hearing for Thomas. Since the defense had not yet reviewed the document, Superior Court Judge Leon H. Kendall said that a pre-trial detention hearing -- which will determine whether the motion will be granted -- would be scheduled within the next three days.
In the meantime, Thomas will be held at the Golden Grove Correctional Facility on St. Croix on first-degree murder and assault charges, along with the charge of using a dangerous weapon during the commission of a crime of violence.
Police picked up Thomas, a native of Atlanta, Ga., and resident of Gifft Hill, on Friday after a warrant for his arrest was issued by Superior Court Judge Brenda J. Hollar.
Kendall also found probable cause to hold Thomas on another charge -- allegedly intimidating or retaliating against the witness who reported the murder to the police. In this instance, Kendall found Thomas to be a flight risk, with no substantial ties to the community.
Thomas will be held on a $25,000 surety bond, Kendall said. "This means that someone has to post a piece of property that is two times the value of the bond -- or $50,000 -- in order for you to be released," the judge explained to Thomas.
During Monday's hearing, Thomas remained subdued -- generally keeping his head bowed and eyes lowered -- as Kendall advised him of his rights. At some points, he shook his head or moved his shoulders erratically. Under questioning from the judge, Thomas also kept his hands behind his back, often playing with a small section of his shirt.
Thomas rarely looked at Kendall when answering questions, and kept his voice low. Unlike others in the courtroom, Thomas' red Bureau of Corrections uniform was disheveled, and his hair -- approximately two or three inches long -- stuck out from his head.
Thomas' arraignment on the charge of intimidating a witness is scheduled for 9 a.m. Aug. 16."

 
Posted : August 7, 2007 7:49 am
(@bluwater)
Posts: 2026
Noble Member
 

He's from Atlanta, GA? Very interesting.

Again, someone from someplace other than the USVI - making trouble for the USVI islands!!! I used to say this with reference to down-island folks....but now it's statesiders, too.

 
Posted : August 7, 2007 8:21 am
(@sherri)
Posts: 1218
Noble Member
 

I am disappointed in the security bond required and the fact that any bond could be posted at all! I know someone who was arrested for kicking her husband with soft soled shoes (going thru a divorce), and she had the same bond posted. Doesn't take much for a posting of that value of property here! The only downfall to it (for him), would be that the property would have to be paid for in full.
Yes Blu, very interesting that he is not from here!
Also Blu, wanted to thank you for all the information you had been posting on the other thread, truth in forums. I have been only reading and had decided not to get involved. Wanted to at times, but to say all the things I have been thinking over time, would have taken up my whole day!!! I will say that I am glad an arrest had been made and only pray that Justice prevails. I am also glad pressure WAS put on the system here, to do something about it!

 
Posted : August 7, 2007 9:30 am
(@bluwater)
Posts: 2026
Noble Member
 

Kendall is the same judge who came under fire from the VI people when he freed a criminal pending trial, and that criminal then killed a 12 yr old girl while he was on the street awaiting trial for an unrelated crime. I'm confused about the upcoming detention hearing and the already decided suretly bond of $25k.

What's the bail guideline for attempted murder? Where are our lawyers?

'Silent' Protest Against Judge Kendall Draws Diverse Crowd, Approving Honks
by Molly Morris

Blayke Wright brought his three-year-old daughter, Hannah, to the protest.
April 23, 2007 -- A cacophony of car horns spoke loudly for silent demonstrators Monday as dozens gathered to protest the rulings of V.I. Superior Court Judge Leon Kendall, which have allowed convicted criminals out on the street.
"We want to take a stand and make it known that this type of behavior is totally unacceptable," said organizer Maria Ferreras last week. "People keep asking me what we can do. People's hearts are broken."
A public outcry has arisen since Kendall released Daniel Castillo in March on his own recognizance pending trial on domestic-violence charges. Castillo, who has a record of violent criminal behavior, stands accused of killing 12-year-old La'Quina Hennis while he was free awaiting trial.

Castillo's release was the most egregious of Kendall's court decisions, but the judge has a long list of others that have allowed accused and convicted criminals loose on the streets, protesters say.

On Monday, Ferreras took action. Joining her were civic leaders, women's advocates, a few children, individual citizens, mothers, grandmothers, some fathers, teachers and groups that work to prevent domestic violence and uphold citizens' rights. The protesters formed at Emancipation Garden at noon and marched to the Farrelly Justice Complex, where they stood peacefully and silently -- as mandated in the group's police permit -- on either side of Veterans Drive waving their signs.

The protesters did speak, however, in two-word shouts of "thank you" to their long string of supporters honking down the road.

The Family Resource Center closed its office for the noon hour to participate. Community activist Stephanie Scott Williams carried a banner for the Women's Coalition of St. Croix because members were unable to participate.

The protest fell during National Crime Victims' Rights Week, April 22 to 28. From St. Croix came five sign-carrying members of the V.I. Domestic Violence and Sexual Assault Council to show their support.

"We're here to support St. Thomas and St. John," said Lynn Gittens Spencer, the council's executive director. "We are expressing our concern. Crime victims do have rights. Kendall is forgetting the victim's rights. There is unequal handling of justice in his courtroom in domestic violence, sexual assault and other criminal cases. I'm happy St. Thomas and St. John spoke out, and I hope the governor notes the protest and hears the horns at Government House."

Almost every driver honked repeatedly, many giving a thumbs up. Many of the cars were taxi drivers, men and women, who loudly lent their support. One yelled, "It's about time someone did something! Keep it up!"

Holding a sign declaring, "Criminals in, Kendall Out," Ferreras pointed out her police permit for the silent, one-hour event on the other side of the sign, and she made certain that everyone dispersed at 1 p.m.

The turnout was large even though dark skies threatened, she said. "If the rain don't stop the Carnival, it don't stop the demonstration," she said earlier in the day. "My phones have been ringing all morning. Some folks in Red Hook were having traffic problems, but they're trying to get here through some flooding."

Ferreras made note of the diverse crowd of protesters: "It's a good cross-section of the community: children, elderly and men, too."

While she criticized Kendall, Ferreras said credit should go to the V.I. Police. "They catch the criminals, only to see them released on the street," she said. "I think our police do a good job. They receive a lot of abuse, then see these criminals let loose. It's very discouraging for them."

Holding a sign stating "Criminals In, Kendall Out," Evaristo Rios Jr., a father, said, "He's just as crazy as the criminals, and he should step down right now. That's all I have to say."

Three-year-old Hannah Wright held her own with a little smile and a big message: "Judge Kendall: Resign on Your Own Recognizance." Her father, Blayke Wright, said, "We are here for her. Protecting her is important."

Holding a sign promoting Victims' Rights week that read, "Every Victim, Every Time," Susan Chandler said, "I've never done a protest before, even growing up in the '60s and '70s. But this (Kendall's decisions) just isn't right. You have to stand up for what is right."

Many people approached Ferreras about what the next step will be. If they wanted to do something immediately, she encouraged them to write to Supreme Court justices suggesting Kendall be transferred to Traffic Court. Ferreras also spoke of another option, asking for action by the Judicial Disabilities Commission, which Gov. John deJongh Jr. spoke of Saturday at the annual meeting of the League of Women Voters.

League members explored the authority given to the territory's Judicial Disabilities Commission -- a five-member body that has the ability to retire or remove a judge sitting on the V.I. Superior or Supreme courts. (See "Women Voters Make Judicial Reforms, Accountability Top Priority.")

At present, the commission has four sitting members and is chaired by Sen. Ronald E. Russell. Other members include attorney Andrew Capdeville, Robert O'Connor and local labor leader Luis "Tito" Morales. Since the death of St. Croix businessman Mario de Chabert in 2001, the commission has functioned without a full complement of members.
This will soon change, deJongh said during Saturday's meeting. "I have one appointment left to the Judicial Disabilities Commission," he said. "I have to do it, and then they will have a full board."

Residents concerned about Kendall are already beginning to act, Ferreras said: "Organizations and individuals are drafting complaints now to send to the commission."

 
Posted : August 7, 2007 9:57 am
(@stt-resident)
Posts: 3316
Famed Member
 

Blu: What was it you "used to say ... with reference to down-island folks?"

That they brought crime to the VI, were the perpetrators of crime in the VI? The word, "local" as it applies to residents of the Virgin Islands has been perpetually discussed and always will be and its interpretation has always been a problematic discussion in some areas, but that's another story.

Reminds me of when my nephew visited me here on STT from England. He's returned a few times over the years but on that occasion he was in his mid 20s. We were quietly chatting one quiet night about the ethnic make-up of the islands, its history and related subjects. I'd by then become well-used to the American categorization of ethnic groups and, living in a predominantly black society, found the progression of "acceptable" designations of "people of colour" over the years in America to be quite interesting. "Negro" and "nigger" became unnacceptable, "black" became OK generally and then, voila, "Afro-American" became the American variation of politesse.

Anyway, I asked my nephew, "I probably never really thought about this before, but what do we call black people in England?"

He thought about it for a minute and then said, "Well, they're English aren't they." It wasn't a question, there was no word emphasis, just his answer straight up.

I have to add that many of the "down-islanders" here who I personally know came here years ago and have raised their families here based on their own upbringing in a disciplined environment replete with good supportive family values and a complementary disciplined educational system. Many of them send their children "down island" during the summer months to stay with family members in an effort to provide the children with a break from the "American Way" so that they can continue to grow to adulthood with a healthy perspective.

"Down-islanders" for the most part work very long and hard hours with due diligence. In some instances they are maligned and targeted for abuse by some of the low-life segments in our island society who resent them for the fact they are from "down island" and have worked hard to get the little that they have.

The islands are one enormous melting pot of diversity and any sort of labelling should be addressed and digested with a HUGE dose of salt!

I can't remember now whether it was poster Connie on this thread or another who wondered what "the locals" thought about the Cockayne murder and of course I question in all honesty who she thinks are "locals?"

For my part, I've lived here fulltime nonstop for 23 years now but I don't consider myself a "local" although many "bahn-here's" have said over the years that I'm a "local" so go figure. It makes no difference. This is my home and probably will be until the day I die.

I just find it dispiriting to read such negativity levelled on this forum towards my home and its people by a few who latch onto a local cause celebre and come up with scenarios and accusations, based on hearsay and designed to grind tourism to a halt.

But enough. Hey, Blu, go over to the relocation forum and check out recent threads/posts by one "sensei."

Cheers all!

 
Posted : August 7, 2007 10:00 am
(@ronusvi)
Posts: 1134
Noble Member
 

According to my lawyer friends, and a retired DC judge as well, he has been following the law in all respects. He could be a little stronger with more backbone I would hope though.

RL

 
Posted : August 7, 2007 10:02 am
(@stt-resident)
Posts: 3316
Famed Member
 

Guess since I laboriously typed and posted, the Kendall debacle has arisen again. So, a postscript here.

I was there on the street to protest Kendall's judiciary capabilities during the debacle which Blu references and of course noted that he was the judge involved in the preliminary hearing on the Cockayne case. This does not necessarily mean that Kendall will preside over this case in any future hearings and given the community's general feelings towards the good judge, it is most unlikely that he would have any major say even if he WERE appointed to the case,

Leon Kendall was a courtroom neophyte when appointed by former Governor Turnbull to a major judicial position But this is all "local news" and all sometime casual island visitors and/or interested parties can very easily obtain all the blow-by-blow information by viewing all the local news reports online.

Please tell me I don't have to give all of you interested folks links to to the local media once again? Cheers.

 
Posted : August 7, 2007 10:29 am
(@promoguy)
Posts: 630
Honorable Member
 

Would love to see what overall bail schedule is for the VI's. 1st degree murder, plus and 50K??????

 
Posted : August 7, 2007 10:37 am
(@stt-resident)
Posts: 3316
Famed Member
 

How curious that my post which mentioned the word "nigger" in an historical context was reduced to heiroglyphics in my earlier post at 11AM. Guess that's built in to the forum's "no-no taboo" words programming!

But this is a vacation forum and this subject, in my opinion, has got way out of hand.

In the last year, VINow moderator "Islander" has "yanked" posts which is fine by me. However, some longtime forum contributors' access to the forum(s) have also been denied access period and with no explanation whatsoever to those who have been yanked. Protests lodged directly by "yankees" and others have either been ignored or (only occasionally) delivered via email with a "catch-all" admonition of "acceptable posts" which basically say nothing.

In the meantime, despite the alleged policy of VINow on their stance on personal attacks, a poster 'Sensei" on the VINow's relocation forum has been allowed to have his posts remain in situ. He has maligned and dissed wth impunity VI residents left, right and center wthout ever having been here. Rather than quote l'll leave it to you to who are interested to do a simple click. Cheers!

 
Posted : August 7, 2007 11:26 am
(@connie)
Posts: 1634
Noble Member
 

STT, has anybody clicked on "report this message"?

And also, I think I know what that word is and I really think that would just open another can of words...used historically or not. JMO

 
Posted : August 7, 2007 12:14 pm
(@bluwater)
Posts: 2026
Noble Member
 

Hey STT - Check your PMs.

The relo forum should just ignore Sensei. I'm surprised they're still volleying with him. It is obvious that he's just stirring things up.

I am not even going to dive into the issue of the names by which descendants of kidnapped Africans choose to call themselves. As far as I am concerned, they/we can call themselves/ourselves whatever they/we want. The luxury of being able to label oneself from one's country has been stripped. STT Res, for example, you have the luxury of knowing that you are English. You live in the West Indies, but I don't know that you call yourself a West Indian. People of African ancestry (Africa is a continent - not a country), whose ancestors came to the US via slave ships, cannot usually trace themselves back to their county of origin - this is a unique issue. Some might feel that because they are in America, they should just call themselves American and let it be. However, I cannot find any fault in wanting a connection back to Africa - for obvious reasons. Moving off of this topic for fear that this whole forum will explode.

I would refer to you as a local. You hold local residency. I would consider anyone with local residency to be a local. I would not consider you to be a native islander - nor a West Indian. I make distinctions between native St Thomians and St Johnians and non-natives because that is how the conversations went with the native islanders I know. It is just my experience. I'm not going to air the politics here....but it is apparently a hot topic.

If your experience has been that islanders would like for us to view anyone holding residency in the same light as the native St Thomians and St Johnians, so be it. I never did agree with the bahn here idea - I could be born there and move away as an infant...never to return. You could have moved there as a child and lived your whole life there. If I, the infant who let, return at the age of 50, will I deserve more respect than you, who has lived there your entire life?

Oh, and Sherri (hi!), I think your friend got a raw deal with the shoe incident. That doesn't sound like an approproate bail for hitting someone with a soft-soled shoe. What was the charge? Attempted murder? Was it a flip-flop? Ok, trying not to laugh. (disclaimer) Domestic Violence is a serious issue - whether it be man on woman or woman on man.

 
Posted : August 7, 2007 12:24 pm
(@CShell)
Posts: 1
 

Since there is so much difficulty identifying who is who and what label to put on them, I have seen others on message boards get upset at the term "natives" because of the negativity associated with that word. Native-born would be more pc, I suspect. But since no one brings up the "ex-pat" status, is that term only applicable to US stateside residents who live full time or even part time in the VI's?
Maybe the BVI's use of the word "belonger" clairifies for them the distinctions.
And then waaaaaay off topic in response to STTResident - Racial and cultural differences in England are documented when Shakesphere wrote of the unfortunate pattern of one culture dominating and subsuming the other as far back as Elizabethen times. Don't know who calls who what now but "wog" was/is pretty nasty slang used against dark-skinned foreigners, no?

 
Posted : August 7, 2007 12:59 pm
(@CShell)
Posts: 1
 

sorry ... left off the last part -
Indians and Pakastanians in particular.

 
Posted : August 7, 2007 1:01 pm
(@stt-resident)
Posts: 3316
Famed Member
 

Oh dear Connie who continues to state the obvious with the (sometimes innapropriate flip-flop appendage to every post.) My reference to a word that has been nixed on a forum such as this is historically correct.

I've no problem dealing with any visitor's questions. I was under the obviously mistaken asumption that this was a forum designed to assist potential visitors in answering basic questions and giving information from both visitors and residents in answer to such questions.

I see now I made a major boo-boo in re-addressing the whole subject, Mea culpa!

Connie,just as an afterthought but because you brought it up, have you clicked on the "report this message" option? And, if so, what was the response?

Cheers.

 
Posted : August 7, 2007 1:32 pm
(@connie)
Posts: 1634
Noble Member
 

Actually no STT, I have never clicked on "report this message". Maybe you may want to use that feature....and I was just asking. Don't get your knickers all in a bunch...or whatever you say.

I'd like to know why you would think my signature is inappropriate? Also, I don't attach it to every post, it's automatically done.

Maybe you should ad "Cheers" to yours.

 
Posted : August 7, 2007 1:43 pm
(@bluwater)
Posts: 2026
Noble Member
 

I'll state here that I have concluded, with the assistance of the very interesting and logical link that CShell provided yesterday, that visitors are very, very safe in the USVI.

If anyone interested in this topic has not clicked CShell's link and read it, you should.

I have not been able to source any additional data on visitors being murdered - other than the 5 that were mentioned previously. Of those 5, I know that 2 took place late at night, on the streets. One other one took place in a hotel room, but there was a connection to a local woman, so maybe that one was not random.

We know that there have been other crimes that might be classified as attempted murders of visitors (like the forum's own Dr Dave, who was shot in the stomach at his resort, and thankfully lived) -and also crimes that could have turned deadly, like the forum's own GINGER, whose family was robbed at gunpoint at a resort, on the beach.

That being said, even Ginger still returns to the VI and says she believe it to be a relatively safe place for visitors...and I won't speak for her with regard to the police or her experience with the aftermath of her crime......nor Dr Dave's. I know that Ginger's crime was never solved -and she had the general sense that nobody cared.

Chances are, statistically, that nothing will happen to you. You will go, enjoy and return home safely. Chances are also, statistically, that if something does happen to you, justice will not be served.

So, to sum it up....

-murder rate of visitors is negligible
-it is extremely unlikely that anything will happen to you (other than getting a sunburn, spending too much money, or drinking too much)
-if something does happen, there's a likelihood that the crime will not be solved

 
Posted : August 7, 2007 2:24 pm

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