DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
5
UNITED STATES OF AMERICA and the
5
PEOPLE OF THE VIRGIN ISLANDS,
5
5
1:10-cr-29
Plaintiffs,
5
v.
5
5
GILLIAN HARPER and KALIF FLANDERS, 5
5
Defendants.
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__________________________________________5
TO:
Denise Hinds, Esq., AUSA
Patricia Schrader-Cooke, Esq., AFPD
Emile A. Henderson, III, Esq.
ORDER
THIS MATTER came before the Court upon the government’s Motion to Preclude
Calling of Adverse Witnesses (Docket No. 22).  Defendant Flanders filed an opposition to
said motion, and the government filed a reply thereto.
Defendant Flanders argues that Section 3 of the Revised Organic Act and not the
federal Bail Reform Act governs bail determination in the Virgin Islands when a defendant
is charged with first degree murder, based upon the holding of Browne v. People of the Virgin
Islands, S. Ct. No. 2008-022, 2008 WL 4132233 (V.I. August 29, 2008).  However, the Browne
court specifically declined to overrule Government of the Virgin Islands v. Ortiz, 427 F.2d 1043
Case: 1:10-cr-00029-RLF-GWC   Document #: 40   Filed: 07/28/10   Page 1 of 2
United States v. Harper
1:10-cr-29
Order
Page 2
(3d Cir. 1970), and extend its holding to a defendant tried for first degree murder in the
District Court.  Browne, 2008 WL 4132233 at *6.  According to Ortiz, the Bail Reform Act
applies to all criminal proceedings in the District Court of the Virgin Islands.  Ortiz, 427
F.2d at 1048.  Consequently, the Court finds the government’s argument persuasive and
finds that Defendants do not have an unqualified right to call adverse witnesses.
Accordingly, it is now hereby ORDERED that the government’s Motion to Preclude
Calling of Adverse Witnesses (Docket No. 22) is GRANTED.
ENTER:
Dated: July 28, 2010
/s/ George W. Cannon, Jr.                           
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
Case: 1:10-cr-00029-RLF-GWC   Document #: 40   Filed: 07/28/10   Page 2 of 2