IN THE DISTRICT COURT OF THE VIRGIN ISLANDS 
 
DIVISION OF ST. THOMAS AND ST. JOHN 
 
 
UNITED STATES OF AMERICA, 
) 
) 
) 
   Plaintiffs, 
)   Criminal No. 2010-36 
v. 
 
 
 
) 
) 
FRANCIS BROOKS, et al., 
) 
) 
 
 
 
 
  Defendants. 
) 
________________________________) 
 
REPORT AND RECOMMENDATION 
ON MOTION TO MODIFY CONDITIONS OF BAIL AND  
TO TRAVEL FOR MEDICAL TREATMENT 
 
This matter is before the Court on defendant Francis Brooks’ motion1 to modify the 
conditions of his release pending sentencing, to permit him to travel to Florida for medical 
evaluation.  The matter was referred to the undersigned for a hearing and argument on 
the motion to modify conditions of release, and such hearing took place on March 14, 
2012.  At that time, defendant presented (1) a letter dated March 12, 2012 from his 
treating physician, Dr. Tai Hunte, regarding defendant’s condition and the need for 
additional evaluation off-island (Exhibit A), 2 and (2) a copy of a confirmation of an 
appointment for defendant at the Cleveland Clinic in Florida scheduled for March 21,  
 
 
                                                 
1 Defendant filed his motion ex parte, apparently due to a concern regarding medical confidentiality, and he 
provided a hard copy of the motion to the Government.  Defendant did not receive prior permission to file 
the motion on a sealed or ex parte basis, and the Court sees no reason for the motion to have been filed in 
that manner.  Therefore, defendant is ordered to refile the motion, within five (5) days of the date of this 
Order, redacting only such information as constitutes personal identifying information, such as date of birth, 
social security number, address and the like.  
 
2 Defendant’s counsel represented that Dr. Hunte was off-island until March 16, and was not available to 
attend the hearing. 
Case: 3:10-cr-00036-RAM-RM   Document #: 376   Filed: 03/14/12   Page 1 of 3
USA v. Francis Brooks, et al. 
Criminal No. 2010-36 
Page 2 
 
 
2012 (Exhibit B).  Defendant will travel in the company of his third party custodian, Alicia 
Brooks.   
The Government agreed that while it may be appropriate for defendant Brooks to 
receive an evaluation of his medical condition, it is concerned that the sentencing date of 
April 5, 2012 not be placed in jeopardy by such travel and evaluation.   
 The Court being thus informed and the premises considered, it is hereby 
recommended that the defendants’ conditions of release be modified as follows: 
1. 
Defendant shall be permitted to travel to Florida to attend his March 21, 
2012 appointment with Dr. Jose E. Valerio Pascua at the Cleveland Clinic.   
2. 
Defendant shall be permitted to travel to Florida on March 20, 2012, 
returning on March 24, 2012.  Approval for any requested change in such schedule must 
be obtained in advance from the Court.   
3. 
Unless defendant is admitted as an inpatient, he shall remain at all times in 
the company of his third-party custodian, Alicia Brooks. 
4. 
Defendant shall restrict his movements to the hotel at which he will reside 
while in Florida, to the Cleveland Clinic, and to travel between those two locations and the 
destination airport. 
5. 
Prior to departure, defendant shall provide to the Office of Probation 
complete details as to where he will be staying while in Florida, the exact address and 
contact information for the Cleveland Clinic, and all other information requested by the 
Office of Probation.   
Case: 3:10-cr-00036-RAM-RM   Document #: 376   Filed: 03/14/12   Page 2 of 3
USA v. Francis Brooks, et al. 
Criminal No. 2010-36 
Page 3 
 
 
 
6. 
The Office of Probation will coordinate with its counterpart in Florida to 
provide for temporary supervision of defendant while he is in Florida. 
7. 
The defendant’s current conditions of release shall resume upon his return 
to the Virgin Islands. 
    
 
 
 
 
 
 
 
 
 
              
 
 
 
 
 
S\                                           
            
RUTH MILLER 
   U.S. Magistrate Judge 
 
 
Failure to file written objections to the Report and Recommendation within 
fourteen (14) days from the date of its service shall bar an aggrieved party from 
attacking such Report and Recommendation before the assigned United States 
District Judge, 28 U.S.C. Section 636(b)(1)(B), LRCi. 72.3, 72.4. 
 
Case: 3:10-cr-00036-RAM-RM   Document #: 376   Filed: 03/14/12   Page 3 of 3