Seriously, do the scales of justice swing differently in a gentle Carribean breeze? You be the judge...

The murder of you Jamie Cockayne has the eyes of this country and beyond glued on St.John U.S. Virgin Islands.

And the spotlight shines especially brightly on a Judge named Leon Kendall, and a justice system that seems interesting to the the least, eh? Are there parameters for judicial interpretation? We’d like to share some snippets we found particularly interesting:

May 2007: From the Desk of Judicial Watch President Tom Fitton

.....On April 26, I sent a formal complaint to the Virgin Island Commission on Judicial Disabilities against Superior Court Judge Leon Kendall. (According to the U.S. Virgin Islands Code “any person” can submit such a complaint.) Why? We were approached by concerned citizens and so Judicial Watch acted. Here’s what I wrote in my complaint letter:

“By numerous accounts, Judge Kendall has engaged in a disturbing pattern of conduct that has undermined public confidence in the judiciary and the administration of justice. On at least eight occasions, Judge Kendall reportedly has allowed persons arrested for violent crimes to be released back into society with little or no bail.”

Here’s just one example:

Daniel Castillo was arrested and charged with a violent attack on a woman. Despite the fact that he had an extensive criminal history, including charges of rape, assault, and weapons violations, Judge Kendall released Castillo on his own recognizance. (In other words, Castillo was allowed to leave without paying bail so long as he “promised” to appear in court when required.) Shortly after being released by Kendall, Castillo was arrested and charged with murdering a 12-year old girl. He has confessed to the crime. ....

Related:
Virgin Islands Complaint/Judicial Watch.org

Next?
ACLU: U.S. Virgin Islands Governor and Attorney General Held in Contempt Over Deficient Care for Mentally Ill Prisoners (3/1/2007)

ST. THOMAS, VI - The American Civil Liberties Union today welcomed a federal judge’s ruling finding Virgin Islands government officials in contempt for failing to provide court-ordered mental health care and appropriate housing for mentally ill Virgin Islands prisoners......Government officials claim they have nowhere to safely house Ramos and other prisoners who have been found not guilty by reason of insanity. Three years ago, then-Attorney General Alva Swan promised to build a facility suited for chronically mentally ill Virgin Islanders, including mentally ill prisoners who cannot safely be housed in the territory’s correctional facilities. No such facility has been built. Governor John DeJongh, who took office this year, and Attorney General-designee Vincent Frazier are the two officials now burdened with complying with the court’s orders. Judge Brotman noted that it was previous administrators who failed to comply with his orders and are primarily responsible for the contempt order as a result.

File this next one under the category of “Why didn’t Judge Kendall exact the same amount of bail in the Jamie Cockayne case?”:

Community-Oriented Policing Works: Suspect Charged August 7, 2006

Monday, August 7, 2006 brought a successful conclusion to the homicide of Kelmon L. David last February. At about 8:10 p.m., Mr. Kishawn J. Smith of Estate Thomas turned himself in to officers of the Virgin Islands Police Department’s Major Crimes Unit, bringing to a close a case that had remained open since it occurred on February 4, 2006. Smith was arrested on a warrant issued by Judge Leon Kendall of the Virgin Islands Superior Court, charging him with Murder in the First Degree for the shooting death of David. Unable to post one hundred thousand dollars ($100,000) bail, Mr. Smith was remanded to the Detention Center awaiting a court appearance.

Virgin Islands Daily News:Kendall releases Simmonds with no bail, overruling Hollar
By TIM FIELDS
Friday, June 15th 2007

Virgin Islands Daily News:Kendall reduces bail for murder suspect Hollar indicated $1 million, Kendall cuts to $100,000
By MEGAN POINSKI
Saturday, June 16th 2007

Onepaper.com: Shock, Horror and Judge Leon Kendall by Patrice Sotomayor

An open letter to Gov. John deJongh Jr. and the Commission of Judicial Disabilities:
I live in NY and I am writing to express my shock and horror about the actions of Judge Leon Kendall. I have been reading on the Internet about the decisions that Judge Kendall has made regarding violent offenders and I am sickened that he is still a presiding judge!

Onepaper.com: Kendall's Decision Will Keep Them Away by Tim Foreman

Dear Source:

Since I don't know the proper way to place my opinion in your paper, I will share it with you this way. My wife and I have made St. John our only vacation destination for the last 5 years. We travel there at least 3 times a year. The last time we looked seriously at real estate. I have followed the Jamie Cockayne murder through "The St. John Source". Judge Kendall's recent bail decision tells me the justice system is very poor at best.

Controversial USVI murder investigation results in three arrests Published on Friday, August 10, 2007
By Susan Mann
Caribbean Net News St Thomas-St John Correspondent
Email:

....For the most part, stateside media, including a segment on Wednesday night’s Larry King Live, have come across the air waves as biased in favour of the Cockaynes’ allegations against local law enforcement....On Monday, August 6, Thomas came before VI Superior Court Judge, Leon Kendall for a preliminary, advice-of-rights hearing. Territory prosecutors hoped to convince Judge Kendall, whose judicial decisions are currently being monitored by a Washington D.C. watchdog group, to rule that Thomas would have to remain in custody until his trial.

However, Kendall did not agree with the nature and reasoning of the prosecutorial arguments. This was not an unusual stance for Judge Kendall, who continues to appear unaffected by ongoing criticism throughout the territory for such decisions. Bail was set at $25,000 at the hearing on the charge of witness intimidation.

Thomas again appeared before Kendall on Thursday, August 9, for a pre-trial detention hearing. Although prosecutors requested a bail amount of $500,000, the court set bail for the charge of first-degree homicide at only $75,000. Thomas is required to post only ten percent of that amount, or $7,500 to be released on bail.
Once that amount is posted, Thomas will wear a monitoring device and remain under house arrest in the custody the supervision of his uncle, since the court believes he is a flight risk. Judge Kendall indicated his decisions were based on the fact that the VI Government had not presented adequate evidence that Thomas actually committed the murder

Onepaper: Thin Line between Clever and Stupid?
by Emmett Hansen II

Caribseek: U.S. Virgin Islands Senator Indicted on Wire Fraud Charges
by APPosted: Aug 14, 2004 00:29 UTC

U.S. Virgin Islands police charge 3rd suspect in Pa. man's death
By The Associated Press
Friday, August 10, 2007

CHARLOTTE AMALIE, U.S. Virgin Islands (AP) -- Police arrested a St. Croix man late Thursday and charged him with first-degree murder in the June killing of a Pennsylvania man.

Anselmo Boston, 31, is the third person charged in the slaying of James Cockayne, 21, of New Hope, Pa., who was stabbed June 19 on the island of St. John. Boston also faces assault and weapons possession charges and is being held without bail, authorities said...British Virgin Islands custom officials, as well as U.S. Immigration and Customs Enforcement, helped track Boston as he left the U.S. Virgin Islands for Antigua.

A judge earlier Thursday said he found no probable cause for a first-degree murder charge against Kamal Thomas, 18, another suspect in the case who was arrested last week. The judge said the charge was premature and influenced by media pressure, but Thomas remained in jail on $75,000 bond for the murder charge, along with assault and weapons possession charges

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USVI judge and school principal at odds over student's re-admission
by Norman 'Gus' Thomas
Caribbean Net News Special Regional Correspondent
Saturday, November 27, 2004

One Source: 'Silent' Protest Against Judge Kendall Draws Diverse Crowd, Approving Honks
by Molly Morris

Onesource: Judge Kendall's Release of Convicted Rapist Is Indefensible by Source editorial

Virgins Islands Daily News:Second man charged with murder in St. John stabbing
By JOSEPH TSIDULKO
Friday, August 10th 2007

And then of course there are the endless message boards...but the message seems to be clear: this island’s government and judicial system ain’t no paradise...can it be said it helps turn paradise into hell on earth? The Jamie Cockayne case may also be an unfortunate catalyst for change...hopefully people will do more than just talk about change....

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