Case Caption: Jose Rodriguez v. People of the Virgin IslandsCase Number: S. Ct. Crim. No. 2015-0118 Date: 06/11/2019Author: Cabret, Maria M. Citation: 2019 VI 19Summary: In a prosecution for kidnapping premised on the abduction, taking or carrying away of the victim with the intention to commit rape, first-degree unlawful sexual contact, and interfering with officer discharging his duty, the convictions for first-degree unlawful sexual contact and interfering with officer discharging his duty are affirmed. The claim of a speedy trial violation from the more than eight year delay between defendant’s arrest and the trial is rejected after detailed consideration of the causes and responsibility for each of the many delays in the proceedings, and whether defendant suffered any prejudice from the delays. Defendant’s trial was not delayed to the extent that his Sixth Amendment right to a speedy trial was violated. There was sufficient evidence to sustain the convictions for first-degree unlawful sexual contact and interfering with officer discharging his duty. The Superior Court erred in instructing the jury regarding kidnapping because it failed to include the modified test for asportation required under 14 V.I.C. § 1052(b) by instructing the jury to consider the duration of victim’s asportation or whether that asportation created a significant danger to her independent of the intended rape. This was plain error and it cannot be concluded beyond a reasonable doubt that the jury’s verdict would have been the same had it been properly instructed. On the crime of interfering with an officer discharging his duty, the Superior Court erred by imposing a fine greater than that allowed under former 14 V.I.C. § 1508, and that sentence is vacated. The Superior Court erred by denying the defendant’s motion for acquittal and new trial without holding an evidentiary hearing to determine whether juror misconduct occurred. The October 27, 2015 judgment and commitment is vacated in part, and the order of that date is vacated insofar as it rejected the defendant’s arguments relating to his conviction for kidnapping and juror bias. On remand, the court must conduct an evidentiary hearing on juror bias, resentence the defendant on the conviction for interfering with an officer discharging his duty and, if requested by the People, conduct a new trial on the charge for kidnapping.
Attachment: Open Document or Opinion