SUPERIOR COURT OF THE VIRGIN ISLANDS
DIVISION OF ST CROIX
Case No SX 19 $11011
Charges
14 V I C § 922(a)(1) Murder First Degree
14 V I C § 922(a)(2) Murder First Degree
PEOPLE OF THE VIRGIN ISLANDS 14 V I C § 2253(a) Unauthorized
Possession of a Firearm During the
PI ANTI”, Commission of a Crime of Violence
V 14 V I C § 295(1) and 16 V I C § 91(b)(l&2)
Assault First Degree/Domestic Violence
JAMAL JOSEPH 14 V I C § 2256(a) Possession or Sale of
Ammunition
DFFF‘DANT 14 V I C § 297(2) and 16 v I C § 91(b)(1&2)
Assault Third Degree/Domestic Violence
23 V I C § 479(d) Discharging or Aiming
Firearms
CITE AS 2021 VI SUPER 3}?
Appearances
Eric Chancellor, Esq
Department of Justice
Christiansted U S Vilgin Islands
For Plaintiff
Yolan Brow Ross, Esq
Office of the Territorial Public Defender
Kingshill U S Virgin Islands
For Defendant
MEMORANDUM OPINION
WILLOCKS Presiding Judge
‘11 1 THIS MATTER came before the Court for a competency hearing on February 28 2020
and October 22 2020 for the determination of Defendant Jamal 0 Joseph 5 (hereinaftex
Defendant ) competency to stand trial
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BACKGROUND
(II 2 On or about January 12 2019 Defendant was arrested in connection with the alleged
shooting and killing of his brother Allan Joseph On or about January 25 2019 the People of the
Virgin Islands (hereinafter Peopie ) filed an information charging Defendant with the following
seven counts Count One Murder in the First Degree in violation of Titie 14 V I C § 922(a)(1)
Count Two Murder in the First Degree in vioiation of Title 14 V I C § 922(a)(2) Count Three
Unauthoxized Possession of a Firearm During the Commission of a Crime of Violence in violation
of Titie 14 V IC § 2253(a) Count Pout Assault in the First Degree/Domestic Violence in
violation of Title 14 V I C § 295(1) and Titie 16 V I C § 91(b)(1&2) Count Five Possession or
Sale of Ammunition in violation of Title 14 V 1 C § 2256(a) Count Six Assault in the Third
Degree/Domestic Violence in Violation of Title 14 V I C § 297 and Title 16 V I C § 91(b)( 1&2)
and Count Seven Disehatging or Aiming a Firearm in violation of Title 23 V I C § 479(d)
‘11 3 On February 4 2019 the defense counsel filed a motion to require a psychiatric
examination and evaluation of Defendant to determine (a) Whether he was suffering from a
mental disease or defect at the time he ailegedly committed the acts with which he is being
charged and (b) Whether he is competent to stand trial for the alleged acts (Motion to Require
a Psychiatric Examination and Evaluation p 2) On February 22 2019 the Court entered an ordel
whereby the Court inter alia granted the defense counsel s motion to require a psychiatric
examination and evaluation of Defendant ordered that Defendant be given a psychiatric
examination and evaluation by the Department of Health Division of Mental Health and ordered
that the psychiatric test(s) given should determine whether Defendant is competent to stand trial
and whether Defendant was suffering from a mental disease/defect at the time the alleged offense
was committed (Feb 22 2019 Order pp 1 2) On May 21 2019 the defense counsel filed a
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motion to submit evaluation report under seal 1 On June 10, 2019, the defense coensel filed a
motion to file motion for competency hearing under seal 1 Subsequently the evaluation ieports of
' The defense LounSel 5 one page motion to submit evaluation report under seat eonsisted 01 only two Sentences
COMES NOW the Detendant JAMAL O JOQEPH and respeetlully moves this Honorable Court
tor permission to submit the attached Comprehensive Psyehiatrie Evaluation under seal
WHEREFORE Mr Joseph prays that this Court the within request together with sueh other and
further reliel as the Court seems just and proper
The Court must note that the detehee eounsel s motion to submit eValuation report under seal oniy referenced Dr
E» adne Sang 5 April l9 ’0“) report titled Comprehensive Psyehiatrie E\ aluation At the time the defense eounsel
filed the motion to submit evaluation report under seal Dr Leighmin 3 Lu has yet to finalize his report which is
dated ()etober E4 2019 and titled ?syehiatrie Report Thus the Court Witt address the defense enumel s motion to
submit evaluatiun report under seal (inky as to Dr Sang 5. evaluation report The Court has not previously ruled on the
defense eounbei .5 motion to submit evaluation report under seal
Rule 47th) 01 Virgin islands Rules of Criminal Proeedure provides
{b) Form and Content of a Motion and Opposition
A motion on an opposition exeept when made during a trial or hearing must be in writing unless the eourt
permits the party to make the motion or opposition by other means it must state the Glounds on which it is
based the legal authorities upon which it relies and the relief or order sought It may he supported by
affidavit Any motion requesting affirmatiwe reliet should he aeeompanied by a proposed order for eXeeution
by the eourt VI R CRIM P 47th)
Here the defense eounsel s motion to submit Dr Sang s etaluation report untiei Seal hailed to state the grounds on
whieh it is basal and the legal authorities upon whieh it relied on in Violation of Rule 47(b) 01 Virgin Islands Rules
01 Criminal Pioeedure See also!" 1e CatalutLittg 67 VI 16 n 12 (VI Super Ct 2015)( The Supieme Court oi
the Virgin Islands has established that in order tor a motion to be properly before the eourt parties must support their
arouments by eiting the propel legal authorin statute or rule ) Antilles School Int 1 Lembath
64 VI 400 n l?
(V 1 20th) ( Members of the Viraih Islands Bar must be econilant 01 their responsihitity to serve as advoeates tor
their elients whieh ineiudes making alt neeessary Eegal arguments '3 Joseph t Joseph ”025 V I LEXIS 43 *5
(V I Supei Ct Apr 2? 2015) (the Court Witt not make a movants arguments tor him when he has failed to do so)
The Court will also note that while the detense eounsel moved to submit Dr Sang 5 evaluation report under seal Dr
Sang was questioned extensively regarding her evaluation report at the February 28 2020 eornpeteney hearing whieh
was a publie hearing Thus the eontent 01 Dr Sang 5 evaluation report was readily made publie at the February 28
2020 eompeteney hearing and is subject to publie diselosure As sueh the Court will deny the defense eounsel s
motion to submit Dr Sang 5 evaluation report under seal
1 The defense eounsel 5 one pave motion to tile motion for eompetehey heating under seat eonsisted 01 only two
sentenees
COMES NOW the Defendant JAMAL O JOSEPH and respeettully moves this Honorable Court
for permission to tile the attaehed Motion for Competeney Hearing and proposed Order under seal
WHEREFORE Mr Joseph prays that this Court the within request together with such other and
further reliet as the Court seems just and proper
The Court has not previously luted on the defense eounsel s motion to lite motion tor competency hearing under seat
Here simiiar t0 the defense eounsel s motion to submit Dr Sang 5 evaluation report under seal the defense eounsel s
motion to tile motion for eompeteney heating under seal failed to state the grounds on which it is based and the legal
authorities upon which it relied on in violation of Rule 47(b) of Virgin Islands Rules 01 Climinal Proeedure See
supra footnote E The Court will similarly note that while the defense LounSeI mowed to tile motion for eompcteney
hearing under seal the February 28 2020 eompeteney hearino was a publie hearing and the eontent of the hearing is
People of the Vzrgm [clam]: I Jamal 0 Joseph
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Dr Evadne Sang and Dr Leighmin .1 Lu both psychiatrist who have examined and treated
Defendant were submitted under seal 1
‘11 4 On September 27 2019 the Court entered an order whereby the Court inter alia ordered
Winnie Testamark Director of the Bureau of Corrections Justa Encamacion Commissioner of
the Depaltment of Health and Venita Bicette Director at the Division of Mental Health appear
before this Court on October 18 2019 to show cause why the Burau of Corrections and the
Department of Health Division of Mental Health should not be held in contempt of Court for
violating the Court 3 June 20 2019 and July 29 2019 Orders (Sep 27 2019 Order p 2) The
Court explained in its September 27 2019 order
THIS MATTER is before the Court for Status on June 20 2019 Mr Joseph is
presently in the custody of the Bureau of Corrections and has been so held since his arrest
on January 12 2019 At the request of defense counsel Mr Joseph underwent a psychiatric
evaluation which was performed by Dr Evadne Sang on April 9 2019 Defense counsel
moved for a competency hearing on June 10 2019 In a status hearing held on June 20
2019 the Court determined Dr Sang 5 report to be insufficient for purposes of a
competency hearing Therefore the Court ordered that another evaluation be done and
report submitted and scheduled the competency hearing for July 29 2019
On July 29 2019 the parties appeared but the competency hearing could not
proceed because Mr Joseph had not been reevaluated The Court ordered that the Bureau
of Corrections must complete and submit the reevaluation within thirty (30) days The
Court further rescheduled the competency hearing for September 6 2019 and ordered the
psychiatrist responsible for the ieevaluation appear on said date On September 6 2019
the parties appeared for the competency hearing Yet again the competency hearing could
not proceed because Mr Joseph had not been reevaluated (Id at pp 1 2)
On February 28 2020 this matter came before the Court for a competency hearing whereby the
People 5 witnesses Dr Sang and Dr Lu testified
subject to public disclosure As such the Court will deny the defense counsel 5 motion to tile motion for competent.)
hearing under seal
3 The defense counsel never filed a motion to submit Dr Lu 5 evaluation report under seal See supra footnote 1
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(II 5 Dr Sang testified inter alia that she has seen Defendant seven or eight times and based on
her examination of Defendant and Defendant 5 mental status examination it is her opinion that
Defendant is competent to stand trial More specifically Dr Sang testified that Defendant has the
ability (i) to understand the nature of the charges pending against him (ii) to understand the nature
and purpose of the comt proceeding (iii) to understand his own position in this court pioceeding
as the defendant (iv) to understand the role of his attorney and the ioles of others in the couitroom
like the Judge the prosecuting attorney and the witnesses (v) to understand the gravity of the
charges against him (vi) to understand the possible outcome or verdict in the case (vii) to
understand his legal rights (viii) to testify to matters relevant or irrelevant (ix) to assist coopeiate
and advise his counsel with pertinent facts surrounding the offence and the presentation of his
defense and (x) to accept the advice of his counsel However Dr Sang also testified that (i) her
report did not indicate that she made any inquiries into Defendant s ability to understand the nature
of the charges the role of the people in the courtroom like the Judge the prosecuting attorney his
attorney (ii) her report indicated that Defendant was fully oriented when last examined on April
9 2019 to person place or time but not situation (iii) Defendant not being oriented to the situation
affects his capacity to understand his legal circumstances (iv) her report indicated that Defendant
was unable to accept the fact that he is being charged with the shooting of his brother (v) her
report indicated that she believes Defendant is competent to stand trial when last examined on
April 9 2019 but Defendant could decompensate at any time (vi) her report indicated that
Defendant was unable to process what happened with his brother or any part he may have played
in that (vii) it is her diagnosis that Defendant has a dissociative disorder which to this day prevents
him from grasping what happened with his brother (viii) to this day Defendant does not know
what happened during the alleged events (ix) given that Defendant could not recall what occurred
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or what did not occur at the time of the alleged events under those circumstances Defendant does
not have the capacity to stand trial (x) according to her diagnostic tests Defendant is suffering
from drug induced psychosis dissociative amnesia and acute dissociative reaction immature
personality (xi) Defendant is still not clear with what happened at the time of the alleged events
and has given several conflicting explanations (xii) there is no tieatment that can be done with
respect to the amnesia (xiii) she examined and interviewed Defendant and came to the conclusion
that Defendant has the ability to assist his counsel and described her examination and interview
process (xiv) she was able to effectiVely communicate with Defendant in all her interviews (xv)
during her interviews with Defendant Defendant consistently stated that he did not kill his brother
(xvi) during her third interview with Defendant Defendant stated that it could not have been him
that killed his biother because he loves his brother too much and (xvii) during her interviews with
Defendant she did not ask Defendant specific questions regarding his understanding of the role of
the court the judge his lawyei and the prosecutor however she did ask Defendant similar
questions and concluded that Defendant understands the role of the court the judge his lawyer
and the prosecutor 4
(ll 6 Dr Lu testified inter alia that he has seen Defendant five times and it is his opinion that
under the strict criteria‘ to determine whether a person is competent Defendant is seventy five to
4 Dr Sana asked Detendant about Defendant s attorney to which Defendant responded that he talked to his attorney
and that he was not going to be found Guilty because he did nothing wrong and his fingerprints were not found on
anything Based on this Dr Sang determined that Detendant understands the role of his lawyer and the court Dr
Sang asked Defendant about whether he thou0ht he would be charged with anything by any attorney to which
Defendant responde no Based on this Dr Sang determined that Defendant understands the role oi the prosecutor
‘ According to D1 Lu the strict criteria involVes the person having a reasonable understanding oi the (actual charges
against him knowing how it happened being able to talk about it knowing the expected court proceeding being able
to cooperate in the courtroom
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eighty percent or marginally competent to stand trial and under the loose criteria6 to determine
whether a person is competent Defendant is competent to stand trial More specifically Dr Lu
testified that (i) Defendant knows his attorney by name (ii) Defendant did not quite understand
what the competency hearing was for (iii) Defendant was calm lucid and coherent when Dr Lu
mentioned the competency hearing (iv) Defendant is no longer hearing voices or unusual
perception vision 01 that kind of psychotic symptoms (v) his diagnosis of Defendant was that he
suffered from Bipolar Type 1 with Paranoid Psychotic Feature Substance Abuse Disorder and
ruled out dissociative amnestic reaction (vi) he agrees with Dr Sang that Defendant suffers from
dissociated amnesia but disagrees to the cause of the amnesia Dr Lu believes it is marijuana
induced (vii) his conclusion is that Defendant s visions and hallucinations is induced by an illness
bipolai disorder and marijuana use aggravates the symptoms (viii) Defendant sometimes
remember talking to his brothel that morning but sometimes he doesn t remembei talking to his
brother that he sometimes remember talking to his brother in the car but sometimes he denies
talking to his brother that he remembers being in his yard caring fox his plants when he heard
skydiving people coming down from the sky sometimes a bunch of them landed and sometimes
only two to three landed that he heard a bang bang noise and that sometimes he felt like someone
was coming to rob him so he had to defend himself
‘i[ 7 On October 22 2020 this matter came before C0uit for the completion of the competency
hearing The Court heard final arguments from both parties The defense counsel argued that case
law requires a rational and factual understanding of the charges and that Defendant is under the
perception that people fell from the sky shot and killed his brother It is also the defense counsel 5
6 According to Dr Lu the 100st criteria involves the person having an understanding of what happened at the time
the person was charged or arrested knowing his Lounselor and knowing the expeeted legal proceeding
People offlw v1; gm Islands 1 Jamal 0 Joseph
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opinion that Defendant does not have the ability to assist her in the proceeding The People argued
that both Dr Sang and Dr Lu testified that Defendant may have some issues but still found
Defendant competent to stand trial The People also argued that if Defendant can state that he did
not do it then he can assist counsel The Court took the matter under advisement
STANDARD OF REVIEW
118 {Ht is well settled that the criminal trial of an incompetent defendant violates due
process Gmemment 0f the Vugznlslandm Durant 49 VI 366 376m 12(V I 2008) (internal
citation omitted) The standard for determining the menta1 competency of a criminal defendant is
whether he has sufficient present ability to consult with his lawyer with a reasonable degree
of rational understanding and whether he has a rational as well as factual understanding of the
proceedings against him People of the V1; gm Islands 1 Joseph 63 VI 104 110 (Super Ct
July 21 2015) (quoting Dusk» 1 United States 362US 402 402 808 Ct 788 4L Ed 2d 824
(1960)) see also People (gfthe Virgm Islands t Webster 2019 V I Super l75U (ll 14 (Super Ct
December 17 2019) In determining whether a defendant is competent to stand ttial court[s]
must examine the unique circumstances of the case and decide whether the defendant (1) has the
capacity to assist in her or his own defense and (2) comprehends the nature and possible
consequences of a trial Joseph 63 V I at 110 (quoting United States 1 Brown 2015 U S Dist
LEXIS 45664 at 7 8 (E D Pa Apr 8 2015) (citing United States
1 Jones 336 F 3d 245 256
(3d Cit 2003) (internal quotations and citations omitted)) Courts examine the evidence of a
defendant 3 irrational behavior his demeanor at trial and any prior medical opinion on competence
to stand trial Joseph
63 VI at 110 (quoting Bram: 2015 U S Dist LEXIS 45664 at J‘7 8
(quoting Jones 336 F 3d at 256 and United State? v Leggett 162 F 3d 237 242 (3d Cir 1998»)
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‘l[ 9 The People have the burden of proving a defendant 5 competency to stand trial by a
preponderance of the evidence Joseph 63 V I at 1 10 (quoting People of the Vzrgm Islands v
Hymn: 2012 V I LEXIS 33 at *5 6 (V I Super Ct July 30 2012)) see also Webster 2019 V I
Super 175U at ‘11 14 The trial judge is afforded considerable discretion in evaluating and weighing
the testimony presented at the competency hearing Joseph 63 V I at 1 10 see Brown 2015 U S
Dist LEXIS 45664 at 4‘33 34 (the trial judge is in the best position to evaluate credibility of
experts is permitted to assign greater weight to some opinions over others or altogethel
reject certain expert opinions ) (see e g Unztea’ States v Chane 490 F 3d 1036 1040 (8th Cir
2007) ( stating that [a] district court may rely on one of two competing competency opinions given
by qualified experts ) (internal citation omitted) United States 1 Mallow» 717 F 3d 257 264 66
(1st Cir 2013) ( holding that the district court did not err by relying on the testimony of one expert
and its own observations rather than on the testimony of anothei expert ))
DISCUSSION
1 Pre Trial Determination of Defendant’s Competency to Stand Trial
‘1[ 10 In applying the aforementioned standard for determining whether a criminal Defendant is
competent to stand tiial the Court concludes that Defendant is not competent to stand trial
‘11 11 First based on the testimony of Dr Sang and Dr Lu the Court finds that Defendant does
not have the capacity to consult with his attorney with a reasonable degree of rational
understanding or to assist in his own defense As noted above Dr Sang testified that (1) her report
indicated that Defendant was fully oriented when last examined on Apiii 9 2019 to person place
or time but not situation and Defendant not being oriented to the situation affects his capacity to
understand his legal circumstances (2) her report indicated that Defendant was unable to process
what happened with his brother or any part he may have played in that (3) it is her diagnosis that
People (lffhé’ Virgin Islam“ 1 Jamal 0 Joseph
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Defendant has a dissociative disorder which to this day ptevents him from grasping what happened
with his brother (4) to this day Defendant does not know what happened during the alleged events
and (5) Defendant is still not clear with what happened at the time of the alleged events and has
given several conflicting explanations Dr Lu testified that Defendant sometimes remember
talking to his brother that morning but sometimes he doesn t remember talking to his brother that
he sometimes remember talking to his brothel in the car but sometimes he denies talking to his
brother that he remembers being in his yard caring for his plants when he heard skydiving people
coming down from the sky sometimes a bunch of them landed and sometimes only two to three
landed that he heard a bang bang noise and that sometimes he felt like someone was coming to
rob him so he had to defend himself Thus the Court cannot conclude from Dr Sang or D1 Lu s
testimony that Defendant has the capacity to consult with his attorney with a reasonable degiee of
rational understanding or to assist in his own defense
<11 12 Second based on the testimony of Dr Sang and Dr Lu the Court finds that Defendant
does not have the capacity to have a factual understanding of the proceedings against him or to
comprehend the nature and possible consequences of a trial Dr Sang testified that during her
interviews with Defendant she did not ask Defendant specific questions regarding his
understanding of the role of the court the judge his lawyer and the prosecutor Instead she asked
Defendant similar questions and concluded that Defendant understands the role of the court the
judge his lawyer and the prosecutor 7 However without more the Court is unpersuaded that just
because when asked about his attorney Defendant responded that he talked to his attorney and that
he was not going to be found guilty because he did nothing wrong and his fingerprints were not
7 See supra iootnote 4
People ofrlze V11 gm Islandt t Jamal 0 Joseph
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found on anything it meant that Defendant understands the role of his attorney and the Court
especially in light of Dr Sang s testimony as a whole at the competency hearing Similarly without
moxe the Court is unpersuaded that just because when asked about whether he thought he would
be charged with anything by any attorney Defendant responded no it meant that Defendant
understands the role of the prosecutor especially in light of Dr Sang s testimony as a whole at the
competency hearing Dr Lu testified that Defendant knew his attorney by name but Defendant
did not quite understand what the competency hearing was for Also it is unclear whether Dr Lu
asked Defendant specific questions regarding his understanding of the role of the court the judge
his lawyer and the prosecutor Thus the Court cannot conclude from Dr Sang or Dr Lu s
testimony that Defendant understands the roles of the individuals involved in the proceedings
against him and thereby the Court cannot conclude that Defendant has the capacity to have a
factual undeistanding 0f the proceedings against him or to comprehend the nature and possible
consequences of a trial
(II 13 Third white the People pointed out that Dr Sang concluded that Defendant is competent
to stand trial the People failed to mention that after questioning by the Court Dr Sang testified
that under the circumstances that Defendant could not recall what occurred or what did not OCCUI
at the time of the alleged events Defendant does not have the capacity to stand trial
(II 14 Finally while the People pointed out that Dr Lu concluded that Defendant is competent to
stand trial the People failed to specify that Dr Lu concluded that Defendant is only marginally
competent under the strict criteria which involves the person having a reasonable understanding
of the factual charges against him knowing how it happened being able to talk about it knowing
the expected court proceeding being able to cooperate in the courtroom Additionally as noted
above it is unclear whether Dr Lu specifically inquired about the specific factors to determine
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IegaI competency In light of Dr Sang and Dr Lu e testimony as a whole at the competency
hearing the Court cannot conclude that Defendant is competent to strand trial
‘I[ 15 Based on the fowgoing the Court concludes that the People has not met the burden of
proving Defendant s competency to stand trial by a prepondeiance of the evidence See Joseph 63
VI at 110 (The trial judge is afforded considerable discretion in evaluating and weighing the
testimony presented at the competency hearing)“ see Bromz 2015 U S Dist LEXIS 45664 at *33
34 (the trial judge is in the best position to evaluate credibility of experts is permitted to assign
greater weight to some opinions over others or altogether reject certain expert opinions )
2 Virgin Islands Law Regarding Pre Trial Determination that Defendant is not
Competent to Stand Trial
‘H 16 While there is no clear cut procedure in the Virgin Islands for a criminal defendant found
not competent to stand trial before trial the Virgin Islands Supreme Court has pointed out in
Duran! that there are several substantive laws that provide for the rights of mentally incompetent
persons within the Virgin Islands Durant 49 V I at 375 n 9' see also People of the Vlrgm Islands
t Canker 2019 V I LEXIS 38 *8 (Super Ct April 4 2019) In Damn! the Virgin Islands
Supreme Court stated
Contrary to the trial court s finding 5 V I C § 3637 applies not only to persons committed
to a forensic unit who have been found not guilty by reason of insanity but also to those
committed otherwise in accordance with law See 5 V IC § 3637(b) Moreover Chapter
45 of Title 19 provides for the commitment and release of [a]ny patient held on order of
a court having criminal jurisdiction in any action or proceeding arising out of a criminal
offense 19 V IC § 1201(c) see also 19 V IC § 1202 (regulating procedure regarding
mentaIly ill prisoners) Additionally Section 723 of Title 19 provides for the involuntary
commitment of mentally disturbed alcoholic and drug dependent persons Durant 49 V I
at 375 n 9
The Court will take guidance from Durant and address the various provisions of the Virgin Islands
Codes mentioned therein
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A Title 5 V I C §3637
(ll 17 Title 5 V I C § 3637 is titled Mental illness of the defendant Title 5 V I C § 3637(a)8
provides for a defendant who has been found not guilty on the ground of mental illness to be
committed to a forensic unit for custody and does not provide a procedure for a defendant found
not competent to stand trial before trial However a§ the Virgin Islands Supreme Court pointed
out in Durant Title 5 V I C § 3637(b) appliee to persons committed to a forensic unit otherwise
in accordance with law 9 Durant 49 V I at 375 n 9 see also Coaker 2019 V I LEXIS 38 at *9
( Therefore the Court finds that Title 5 V I C § 3637(b) contemplates that persons may be
confined in a forensic unit for reasons other than having been found not guilty by reason of mental
8 Title 5 V [C § 3637(a) prmides
(a) Ifthe defense is the mental illness ofthe Delendanl the jury shall he instrueted it they lind him not guilt)
on that ground to stale that faet in their verdiet and the eourt shall thereupon eommit the Defendant to a
torensie unit tor eustody eare and treatment lrom which he shall not he diseharged until the eourt is satisfied
that he has regained his eapaeity tor judgment discretion and eontrol oi the eonduet oi his allairs and soeial
relations If no lorensie unil exists in the Territory the Delendanl shall remain in the eustody of the Bureau
of Corrections to be treated by the appropriate physieians until the necessary arrangements to transfer the
Defendant to a lorensie unit outside of the territory Title 5 V I C § 3637(a)
’Title 5 V I C § 3637(b) provides
(b) Where any person has been confined in a forensic unit pursuant to the prmisions of subsection (a) Of
this seetion or otherwise in accordance with law and the superintendent or head of sueh forensic unit
eertilies ( I) that sueh pelson has regained his eapaeity for judgment discretion and eontrol oi the eonduet 0t
his attain and soeial relations (2) that in the opinion of the superintendent or head such person will not in
the reasonable future be dangerous to himsell or others and (3) in the opinion of the superintendent or head
the person is entitled to diseharge from the torensic unit and sueh certificate is filed with the elerk oi the
eourt in whieh the person was tried and a eopy thereof served on the United States attorney such eertitieate
shall be suflieient to authorize the eourt to order the discharge oi the person so eonfined from further
hospitalization but the court in its diserelion may or upon objection oi the United States attorney shall alter
due notice hold a hearing at whieh eVidence as to mental eondition of the person so confined may be
submitted ineluding the testimony of one or more psychiatrists from said forensic. unit Evidenee may be
submitted upon deposition or interrogatories in the case of any torensie unit located more than l00 miles
[mm the Virgin Islands The mutt shall weigh the evidenee and it the court finds that such person has
regained his eapaeity for judgment discretion and eontrol oi the conduct oi his affairs and social relations
and will not in the reasonable future be dangerous to himself or others the court shall order sueh person
discharged trom further eontinement in said forensic unit It the court does not so find the court shall order
sueh person returned to said forensic, unit Title 5 V I C § 3637(b) (emphasis added)
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illness ) (citing Durant 49 VI at 375 n 9) Thus the Court finds Title 5 V IC § 3637(b)
applicable in this instance
B Title 19 V I C § 1201
(II 18 Title 19 V I C § 1201 is titled Discharge of Patients Title 19 V I C § 1201(c) provides
that [a)ny patient held on order of a court having criminal jurisdiction in any action or proceeding
arising out of a criminal offense may be discharged only by order of the district court Titie 19
V I C § 1201(c) In this instance Title 19 V l C § 1201(c) is not applicable because it provides
the Court with the authority to discharge not the authority to commit See People of the Virgin
Islands i Pmrzlla 58 VI 148 163 (Super Ct May 28 2013) ( The Court found that section
[1201] only provides the Court with the authority to release rather than commit an individual )
(quoting People of the Virgin Islands t Richardson
52 VI 211 216 (Super Ct Dec 23 2009))
C Title 19 V I C § 1202
‘11 19 Title 19 V I C § 1202 is titled Procedure regarding mentally ill prisoneis and provides
that [wlhen a prisoner eligible for discharge from the penitentiary or during his term of
incarceiation is alleged by the Commissioner of Public Safety 10 be mentally ill and it shall be
adjudged in accordance with the provisions of this chapter by the district court that such prisoner
is mentally ill he shall be conveyed to the mental hospital by the Commissioner of Public Safety
or under his direction In this instance Title 19 V I C § 1202 is not applicable because Defendant
is not a prisoner that have been adjudged to be mentally ill whi1e serving his sentence More
specifically Defendant is a detainee currentiy held in pre trial detention and found not competent
to stand trial before trial Defendant has not been tried and is not currently serving his term of
incarceiation
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D Title 19 V I C § 723
‘11 20 Title 19 V IC § 723 is titled Involuntary commitment of mentally disturbed alcoholic
and drug dependent persons and allows spouse 01 guardian a relative the certifying physician
behavioral health professional or the Administrator in charge of any approved public treatment
facility to petition a court for the involuntary commitment of a peison t0 the custody of the
Department of Health Title 19 V I C §723(a) Title 19 V I C § 723 requires the petition to allege
that the person is mentally disturbed or an alcoholic or drug dependent person who habitually lacks
self control due to his disturbed condition or to the use of alcoholic beverages or drugs‘ and that he
(1) has threatened attempted 0r inflicted physical harm on himself or another and that unless
committed is likely to inflict physical harm on another or (2) is incapacitated by alcohol or drugs
or in need of heIp and treatment and the court must find that the grounds for involuntary
commitment have been established by clear and convincing proof before committing the person
to the Department of Health Title 19 V I C § 723(a)&(d) A person committed under this section
shall remain in the custody of the Department of Health for treatment for either a time certain
established by the court or for an indefinite period in which latter case the person s commitment
shall be subjected to close periodic judicial scrutiny designed to protect said person from prolonged
and unnecessary commitment Title 19 V I C § 723(e) While Title 19 V IC § 723 does not
specifically address a person in Defendant s situation it may arguably be applicable in this
instance However regardless of whether Title 19 V IC § 723 is applicable the Court notes that
Title 19 V IC § 723 does not provide the Court with the authority to sua sponte ordei the
involuntary commitment of Defendant Title 19 V I C § 723 requires one of the enumerated
individuals to petition the Court before Defendant may be involuntary committed
People cht/ie Virgin Islands 1 Jamal 0 Joseph
9X 19 CR Oll
Memorandum Opinion 2021 VI SUPER 1%,?
Page 16 of 17
CONCLUSION
(H 21 Based on the foregoing the Court finds Title 5 V I C § 3637(b) applicable in this instance
Title 19 V I C § 120i and Title 19 V I C § I202 not applicable in this instance and Title 19 V I C
§ 723 does not provide the Court with the authority to ma sponre order the involuntary
commitment of Defendant As such the Court will order Defendant to be confined to a forensm
unit until he is competent to stand trial The Court will further order the superintendent or head of
the forensic unit to provide annual report to the Court addressing the following (i) whether
Defendant has regained his capacity for judgment discretion and control of the conduct of his
affairs and social relations (2) whether in the opinion of the superintendent or head such person
will in the reasonable future be dangerous to himself or others and (3) whether in the opinion of
the superintendent or head the person is entitled to discharge from the forensic unit and such
reports shall be filed with the Court with a copy thereof served on Virgin Islands Department of
Justice Title 5 V I C § 3637(b) If no forensic unit exists in the Territory the Defendant shall
remain in the custody of the Bureau of Corrections to be treated by the appropriate physicians until
the necessary arrangements to transfer the Defendant to a forensic unit outside of the territory
Title 5 V I C § 3637(a) Thereafter pursuant to Rule 12 2(c) of Virgin Islands Rules of Criminal
Procedure upon the motion of the prosecutor or upon the Court s own initiative the Court may
order the Defendant to submit to one or more mental examinations by a psychiatrist or other
expert designated for this purpose in the order of the court to determine if Defendant has regained
his competency to stand trial V I R Crim P 12 2(c) Defendant may only be discharged by order
of the Court Title 19 V IC § 1201(c) ( Any patient held on order of a court having criminal
jurisdiction in any action or proceeding arising out of a criminal offense may be discharged only
People offhe Virgin Islandm Jamal 0 Joseph
9X l9 CR 01 I
Memorandum Opinion 2021 VI SUPER (2’22?
Fag; l7 0! 17
by order of the di§tliCt court ) An order consistent with this Memorandum Opinion will be
entered contemporaneously herewith
DONE this (9% day of February 2021
7
/ / /
HAROLD W L WILLOCKS
Presiding Judge of the Superior Court
SUPERIOR COURT OF THE VIRGIN ISLANDS
DIVISION OF ST CROIX
Case No SX 19 CV 011
Charges
14 V I C § 922(a)(1) Murder First Degree
14 V I C § 922(a)(2) Murder First Degree
PEOPLE OF THE VIRGIN ISLANDS 14 V I C § 2253(a) Unauthorized
Possession of a Firearm During the
PLAINTIFF, Commission of a Crime of Violence
v 14 V I C § 295(1) and 16 V I C §91(b)(l&2)
Assault First Degree/Domestic Violence
JAMAL JOSEPH 14 V I C §2256(a) Possession or Sale of
Ammunition
DEFENDANT 14 V I C § 297(2) and 16 V I C § 91(b)(1&2)
Assault Third Degree/Domestic Violence
23 V I C § 479(d) Discharging or Aiming
Firearms
CITE AS 2021 VI SUPER 2?)?
Appearances
Eric Chancellor, Esq
Department of Justice
Christlansted, U S Virgin Islands
For Plamtlfi’
Yolan Brow Ross, Esq
Office of the Territorial Public Defender
ngshill U S Virgin Islands
For Defendant
ORDER
WILLOCKS, Presiding Judge
In accordance with the Memorandum Opinion entered contemporaneously herewith, it IS
hereby
ORDERED that Defendant shall be confined to a forensic unit until he is competent to
stand trial If no forensic unit exists in the Territory, Defendant shall remain in the custody of the
People ofthe Virgin Islands v Jamal 0 Joseph
SX 19 CR 011
Order 2021 VI SUPER 2%?
Page 2 of 2
Bureau of Corrections to be treated by the appropriate physicians until the necessary arrangements
to transfer the defendant to a forensic unit outside of the Territory, but for no more than sixty
(60) days from the date of entry of this Order It is further
ORDERED that Defendant shall only be discharged by order of the Court It is further
ORDERED that the superintendent or head of the forensic unit shall provide annual report
to the Court addressing the following (1) whether Defendant has regalned his capacity for
judgment, discretion and control of the conduct of his affairs and social relations, (2) whether, in
the opinion of the superintendent or head, such person wiil in the reasonable future be dangerous
to himself or others and (3) whether in the opinion of the superintendent or head, the person is
entitled to discharge from the forensic unit Such reports shail be filed with the Court between the
period of January 13‘ through January 3 15‘ of each year, commencing in 2022, with a copy thereof
served contemporaneously on Virgin Islands Department of Justice It is further
ORDERED that a status conference is scheduled to take place in person on March 26,
2021 at 9 00 a m in Courtroom 206 It is further
ORDERED that Defendant’s motion to submit Dr Evadne Sang’s evaluation report under
seal is DENIED
ORDERED that Defendant’s motion to file motion for competency hearing under seal is
DENIED
DONE and so ORDERED this (9‘ ”( 3‘“
day of February 2021
//
%WWM HAROLD W L WILLOCKS
Presiding Judge of the Superior Court