Case Caption: Tydel John v. People of the Virgin IslandsCase Number: S. Ct. Crim. No. 2014-0030Date: 09/24/2015Author: Swan, Ive Arlington Citation: Summary:

Convictions of the defendant elementary school teacher on multiple counts of counts of unlawful sexual contact in the first degree and aggravated rape in the first degree are affirmed. Reviewing the record as a whole, the evidence presented at trial established the essential elements of the crimes beyond a reasonable doubt. There is no merit in the argument on appeal that defense evidence raised reasonable doubt as to his guilt, or that the evidence presented by the People of the Virgin Islands was insufficient to convict him on charges in the Information. The People also met their burden under the independent source doctrine to show that contested evidence against him came from sources other than illegally obtained or suppressed evidence. It was not error to deny a mistrial based on the claim that the People failed to disclose information about a separate civil suit by at least one of the victims since information concerning this case was equally available to both the People and the defense. The Superior Court's failure to state the sentence imposed for Count Seven in writing in its judgment and commitment is merely an inadvertent omission amounting to a scrivener's error, and may be corrected by an amended judgment and commitment that can be substituted, nunc pro tunc, for the June 20, 2014 judgment and commitment, and the sentence pronounced on March 28, 2014 remains fully enforceable as provided in Superior Court Rule 5. The judgment and commitment of the trial court entered on June 20, 2014 is affirmed.

Attachment: Open Document or Opinion