Though Leon Kendall officially retired from the V.I. Superior Court last October, he is still a presence in chambers — though now on the other side of the bench.
The former judge will appear in Supreme Court April 12 to show cause why he should not be held in direct criminal contempt of court for obstruction of justice, failing to comply with the court’s order, and misbehaving in his official transactions as an officer of the court – the latest twist in his sometimes controversial judicial career.
The August Court order is the result of a blistering legal opinion Kendall wrote in July criticizing a Supreme Court ruling which overturned a decision of Kendall’s.
In October, Kendall filed a motion to dismiss the matter. That motion was denied March 5.
On Feb. 19, the Supreme Court also denied Kendall’s motion that the judges of the Supreme Court recuse themselves from the case because the "conduct in question, involves alleged disrespect to or criticism of the Justices," meaning Kendall’s own conduct.
The court order stated that Kendall’s argument applies only if the matter was one of personal bias, which is not the case.
The legal saga began with the murder case of Basheem Ford and Jermaine Paris in the Feb. 8, 2007 shooting death of Police Officer Ariel Frett, who was gunned down after he intervened in an altercation in the Hospital Ground area. Frett died later that day from multiple gunshot wounds.
The case heated up in January 2009, three days before the original trial date, when Kendall ordered the prosecution to uphold a plea of involuntary manslaughter that prosecutor Jesse Bethel had protested.
Bethel said at the time that he "misspoke" during a taped telephone conversation and meant to make an offer for voluntary manslaughter. An involuntary manslaughter plea would be inconsistent with the case that the government had been presenting, Bethel explained.
Attorney General Vincent Frazer subsequently filed a motion asking the Supreme Court to vacate Kendall’s order, and in May the court ruled in the government’s favor, reversing Kendall’s decision.
Kendall recused himself from the case, which was turned over to V.I. Superior Court Judge James S. Carroll III. Meantime, Ford was found shot dead in the Market Square area July 9, so only Paris will face trial before Carroll later this year.
In July, almost two months after the Supreme Court’s decision, Kendall published his 31-page public opinion in which he recused himself, disagreeing with the high court’s opinion in language the court calls ‘"inflammatory."
The court set a show cause hearing for Nov. 6. The order states that Kendall "refused to comply with this Court’s May 13, 2009 opinion… out of a belief that ‘its issuance was clearly improper,’ and that this Court’s conclusions should be accorded ‘no credence,’ and that he recused himself in order to avoid future compliance with this Court’s mandate [to proceed to trial]."
The order states that while Kendall acknowledged that mandate in his July opinion, "he nevertheless did not schedule the matter for trial, but instead recused himself, saying that proceeding to trial would be ‘contrary to law and all notions of justice.”’
Kendall stated repeatedly in his opinion that the Supreme Court’s findings "make no sense," also calling the findings "improper," and "premised on erroneous conclusions." The court order noted that Kendall could have filed a petition with the 3rd Circuit Court of Appeals, "yet failed to do so."
The Court order stated, "Judge Kendall’s July 7, 2009 opinion contains numerous inflammatory remarks and other characterizations that appear calculated and intended to prejudice this Court in public estimation, destroy or call into doubt its function and position as the highest local court in the Virgin Islands, and to reduce confidence in the administration of justice in this jurisdiction."
Samuel Hall Jr. has been appointed by the court to serve as special prosecutor in the case, which will be heard by retired Superior Court Judge Edgar Ross, who was appointed special master for the case. Ross will conduct trial proceedings, make decisions on discovery matters, and submit non-binding findings to the Supreme Court Justices.
The matter will be heard in the Magistrate’s Court in Barbel Plaza at 9 a.m. April 12. The Supreme Court Crown Bay facility courtroom will not be open for business until March 24. Kendall will be represented by attorneys Julie E. Green and Howard M. Cooper, of the Boston law firm Todd & Weld.
