Judge Weighs New Trial Bid by Former DSPR Commissioner, Contractor Convicted of Bribery, Fraud

A federal judge is considering whether to grant former Sports, Parks and Recreation commissioner Calvert White and business owner Benjamin Hendricks a new trial for one of the two charges on which they were both convicted last summer after hearing arguments from their attorneys and the U.S. Justice Department Thursday.

A jury found White and Hendricks guilty of honest services wire fraud and bribery in late July after a weeklong trial in the U.S. District Court on St. Thomas. Their attorneys quickly asked for a new trial on the basis of an answer Judge Mark Kearney gave to jurors during their deliberations, which attorney Clive Rivers said “failed to adhere to the rules of evidence that questions of fact should always be determined by the jury.”

Jurors had asked Kearney whether it was “common knowledge” that text messages, WhatsApp messages and phone calls between people in the U.S. Virgin Islands use networks, systems or servers outside of the territory — and whether those communications are considered wire transactions.

“Ladies and gentlemen, you are presenting a question of both a fact and a law,” Kearney told the jury at the time. “As I mentioned to you yesterday, I don’t get involved in questions of fact. That’s entirely your province. You decide as to questions of fact. However, there is a question of law built into this as well, and I want to read to you what the question of law, I believe, is. Use of the telephone, internet, text messages, email, or other similar means of communication qualifies as interstate wire communications under the act.”