VIDOJ commits to swift review of case amid concerns about tainted evidence in Mon Ethos-related criminal trials following Whitaker’s guilty plea

In response to a request from Chief Territorial Public Defender Julie S. Todman, Attorney General nominee Gordon C. Rhea expressed his willingness to cooperate in identifying cases involving devices operated by David Whitaker entities. Whitaker, a former head of the Office of Data Discovery and Forensic Analysis (ODDFA) and Mon Ethos, recently pleaded guilty to federal charges of telecommunications fraud and bribery, which have raised concerns about the reliability of evidence in numerous criminal proceedings.

In a letter to Chief Todman on Monday, Attorney General-designate Rhea agreed to help compile a list of criminal cases dating back to 2022 in which Whitaker’s entities provided support, assistance or bail bond services. He also agreed to provide information about customers connected to devices provided by the VI Police Department to Mon Ethos and other organizations led by Whitaker.

This follows a press statement issued by the Office of the Territorial Public Defender (OTPD) last week in which called for immediate transparency with VIPD and VI Department of Justice in light of Whitaker’s criminal activities. Whitaker’s firms were responsible for handling key evidence in various cases, some of which may now be at risk.

Chief Todman stressed the seriousness of the situation in her statement. “Virgin Islanders have been and continue to be prosecuted based on evidence that was held in confidence by this now-confessed criminal, and OTPD is requesting that these cases be identified,” she said. Todman also reiterated OTPD’s commitment to continue its investigation and take all necessary steps to seek justice should authorities fail to make the necessary disclosures.

Attorney General Rhea, who was nominated in his letter, said any defendant involved in a case involving Whitaker entities has a right to know about the connection. “A defendant who is prosecuted in a case in which any of David Whitaker’s entities received devices related to that case has a right to be informed of that fact,” he wrote, adding that the Justice Department stands ready to meet its legal and ethical obligations.

Rhea cautioned, however, that while the process of identifying eligible cases will begin immediately, it will likely take longer than 14 days. The reason for the delay, he said, is that the devices were originally sent to Whitaker’s company by VIPD, not DOJ. As a result, DOJ will have to work with VIPD to obtain the necessary details, identify suspects, collect case numbers and confirm the defense attorneys representing each individual.

“I assure you that we will start this process immediately and continue it urgently,” Rhea said. However, he noted that the completion of this process depends largely on how quickly VIPD collects the required information.

Rhea also suggested that Chief Todman provide a list of defendants, along with their case numbers, who are scheduled to go to trial in September and October. He said that would allow the Justice Department to request immediate confirmation from VIPD of any links between those cases and Whitaker’s entities.