DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. CROIX 
 
UNITED STATES OF AMERICA  
 
) 
 
 
 
 
 
 
 
) 
v. 
 
 
 
 
) 
Criminal No. 2023-cr-0016 
 
 
 
 
 
 
 
) 
ENOCK COLE and JIOVONI SMITH,  
) 
 
 
 
 
 
 
 
) 
 
 
 
Defendants.  
 
) 
__________________________________________) 
 
Attorneys: 
Rhonda Williams-Henry, Esq. 
St. Croix, U.S.V.I. 
Denise George, Esq. 
St. Thomas, U.S.V.I. 
 
For the United States 
 
Raul E. Bandas, Esq. 
Jessica Earl, Esq. 
Celso Perez, Esq. 
San Juan, P.R.  
Gary Proctor, Esq. 
Baltimore, MD  
For Defendant Cole 
 
Juan F. Matos-de Juan, Esq. 
San Juan, P.R.  
Teri L. Thompson, Esq. 
Snellville, GA  
For Defendant Smith 
MEMORANDUM OPINION AND ORDER 
Lewis, Senior District Judge 
THIS MATTER comes before the Court on Defendant Enock Cole’s (“Defendant”) 
“Motion to Compel Government Notice of Expert Witnesses By August 6, 2025” (“Motion”) (Dkt. 
No. 190); the Government’s “Notice of Response to Motion to Compel Government’s Notice of 
Expert Witnesses by August 6, 2025” (“Notice”) (Dkt. No. 200); and the oral arguments heard at 
Case: 1:23-cr-00016-WAL-EAH     Document #: 283     Filed: 09/02/25     Page 1 of 3
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the Hearing on August 13, 2025.  This Memorandum Opinion and Order memorializes rulings 
from the bench at the August 13th Hearing. 
In his Motion, Defendant requests that the Court “compel the government to file its notice 
of expert witnesses no later than close of business on August 6, 2025.”  (Dkt. No. 190 at 4).  The 
Government responded in its Notice that it “does not object to providing expert witness disclosure 
under Rule 16 but objects to the defendant requesting an order from the Court setting a time to 
disclose before attempting to set a date for disclosure with the government.”  (Dkt. No. 200 at 1). 
Because Rule 16(g) of the Federal Rules of Criminal Procedure only provides for 
disclosure of expert witnesses by the Government “[a]t defendant’s request,” it is proper for 
Defendant to first request such disclosure from the Government rather than the Court.  Fed. R. 
Crim. P. 16(g)(i).  Typically, it would then fall to the Court to set a deadline for such a disclosure 
after a request is made.  Fed. R. Crim. P. 16(g)(ii) (“The court, by order or local rule, must set a 
time for the government to make its disclosures. The time must be sufficiently before trial to 
provide a fair opportunity for the defendant to meet the government’s evidence.”).  However, the 
Government appears to have already complied with their obligations under Rule 16(g).  The 
Government states in its Notice that it filed a “Notice of Intent to Introduce the Testimony of 
Francisco Landron, M.D.” (Dkt. No. 119) on March 14, 2025, and provided Defendant with a 
“Notice of Expert [T]estimony” as to Christopher Adam Goodrich on August 4, 2025.1  (Dkt. No. 
200 at 1).  Accordingly, the Court will deny as moot Defendant’s Motion as the Government has 
provided the requested expert disclosures.2 
 
1 The Government did not file this latter Notice of Expert Testimony on the docket.   
2 The parties agreed during the Hearing that the instant Motion has been rendered moot by the 
Government’s response.   
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ORDER 
UPON CONSIDERATION of the foregoing, it is hereby 
ORDERED that Defendant Enock Cole’s “Motion to Compel Government Notice of 
Expert Witnesses By August 6, 2025” (Dkt. No. 190) is DENIED AS MOOT.  
SO ORDERED. 
Dated: September 2, 2025 
 
 
 
_______/s/______ 
 
 
 
 
 
 
 
WILMA A. LEWIS 
 
 
 
 
 
 
 
Senior District Judge 
Case: 1:23-cr-00016-WAL-EAH     Document #: 283     Filed: 09/02/25     Page 3 of 3