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High Court Mulls Contempt Charge Against Kendall

The V.I. Supreme Court ordered V. I. Superior Court Judge Leon Kendall last week to show cause why he should not be held in contempt of court for a legal opinion he wrote in July – the latest twist in a controversial judicial career.

Kendall’s opinion was severely critical of the higher court’s ruling in the murder case of Basheem Ford and Jermaine Paris in the Feb. 8, 2007 shooting death of Police Officer Ariel Frett, who was off-duty at the time.

Ford was found shot dead in the Market Square area July 9, so only Paris will face trial.

The case heated up earlier this year 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, he 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 has since recused himself from the case, which was turned over to V.I. Superior Court Judge James S. Carroll III. Both Ford and Paris were out of jail on unsecured bonds at the time of Ford’s death.

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.”’

In Kendall’s opinion, he states over and over that the Supreme Court’s findings "make no sense," also calling the findings "improper," and "premised on erroneous conclusions." The court order notes that Kendall could have filed a petition with the 3rd Circuit Court of Appeals, "yet failed to do so."

The order states, "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."

Kendall took it upon himself to "review the correctness of this Court’s May 13, opinion, ultimately concluding that ‘its issuance was clearly improper….."

“It is well established that trial court judges do not possess immunity from being held in contempt by a higher court,” the order states. “Superior courts may enforce their judgments, decrees, mandates and orders and compel obedience thereto by inferior courts by the process of contempt.”

Consequently, the order states, "it appears that probable cause exists for further inquiry as to whether Judge Kendall’s actions constitute willful indirect criminal contempt for obstructing the administration of justice in this jurisdiction."

Indirect contempt means that the action happened outside of the court as opposed to in the courtroom.

The order concludes that Kendall must show cause why he should not be held in direct criminal contempt of court for obstruction the administration of justice, failing to comply with the court’s order, and misbehaving in his official transactions as an officer of the court.

When reached Tuesday morning, Kendall referred comment to his attorney, Howard Cooper of Todd & Weld, of Boston. Cooper did not return calls Tuesday.

Kendall announced in February that he would retire from the bench Oct. 3, at the end of his six-year term. In a statement addressed to Gov. John deJongh Jr., Kendall said his service on the bench "has been a distinct honor and privilege, and undoubtedly the highlight of my legal career." However, he said, "The time has come for me to no longer postpone my retirement from the world of work."

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