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IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN THE PEOPLE OF THE VIRGIN ISLANDS... CASE NO. ST-09-CR-0000450 Plaintiff ) - ACTION FOR: 14 V.LC. 1083 (1) ) ANSELMO SITO FARRINGTON ) Defendant ) NOTICE OF ENTRY OF MEMORANDUM OPINION AND ORDER To: WILLIAM K. EVANS, ESQ., ASSISTANT ATTORNEY GENERAL * ORDER BOOK LIBRARIAN JUDGES & MAGISTRATES, SUPERIOR COURT JOSEPH A. DIRUZZO, III, ESQUIRE DIVISION Please take notice that on March 10, 2010 a(n) MEMORANDUM OPINION AND ORDER dated March 09, 2010 _ _— was entered by the Clerk in the above-entitled matter. Dated: March 10, 2010 Venetia H. Velazquez. Esa. CLERK OF THE SUPERIOR COURT LO rane Natt fum “Zorn lf DIANE MATTHEW-TURNBULL COURT CLERK II SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN PEOPLE OF THE VIRGIN ISLANDS, ) Plaintiff, VS. CASE NO. ST-09-CR-450 ANSELMO FARRINGTON, Defendant. ) MEMORANDUM OPINION Pending before the Court are (1) Defendant Anselmo Farrington’s February 1, 2010, Motion for a New Trial! and (2) Defendant’s Motion to Continue his March 15, 2010, sentencing hearing. For the following reasons, Defendant’s Motion for a New Trial will be denied and Defendant’s Motion to Continue will be granted. ANALYSIS Defendant requests a new trial on the basis that his mother, Ms. Cynthia Simon, was allegedly prevented from entering the courtroom during jury selection. The motion is not supported by affidavit, nor does Defendant provide any facts to support this allegation. Trial courts must “take every reasonable measure to accommodate public attendance at criminal trials.” Presley v. Georgia, 558 U.S. ___, 130 S.Ct. a2; 725 (2010). Before excluding the public from any stage of a criminal trial: the party seeking to close the hearing must advance an overriding interest that is likely to be prejudiced, the closure must be broader than necessary to protect that interest, the trial court must be broader than necessary to protect that interest, the trial court must consider reasonable alternatives to 1 On March 2, 2010, the People of the Virgin Islands filed an Opposition and Defendant filed a Reply on March 3, 2010. People of the Virgin Islands v. Anselmo Farrington Case No. ST-09-CR-450 Memorandum Opinion, March 10, 2010 closing the proceeding, and it must make findings adequate to support the closure. Id, at 724. Defendant has brought this issue to the Court’s attention for the first time ten (10) days after Defendant was convicted by a jury. Unlike Presley, the Court did not exclude anyone from the courtroom nor issue an order denying access to the public. Unlike Presley, no objection of any kind was made by counsel at any time during the course of the proceedings, and there was no other mention of an unfulfilled request to enter the courtroom at any point in the proceedings. In addition, Defendant has provided no evidence, other than the unsupported allegations of his motion, that indicates his mother was excluded from entering the courtroom. Without more, the Court is not able to determine whether Defendant’s right to a public trial was violated. See Huggins v. Government of Virgin Islands, 2005 WL 3475784, at *6 (D.V.I. 2005) (court declined to consider whether defendant was denied a public trial because the court could not “determine from [the] record how many individuals were prevented from entering the courtroom, if any, and the reasons for their exclusion”). Accordingly, Defendant’s Motion for a New Trial is denied without prejudice. At this time; the grant Defendant’s Motion to Continue his sentencing hearing. People of the Virgin Islands v. Anselmo Farrington Case No. ST-09-CR-450 Memorandum Opinion, March 10, 2010 An Order consistent with this Memorandum Opinion shall follow. Dated: March 7 , 2010 ia eee ete HON. MICHAEFE-C-DUNSTON ATTEST: Venetia H. Velazquez, Esq. JUDGE OF THE SUPERIOR COURT Clerk of Court / / OF THE VIRGIN ISLANDS es mie Se ee ae ee R&alie Griffith ZO 110 Court Clerk Supervisor CERTIFIED A TRUE COPY Date: _.} VA) L-0- Vénetia HAelazquez, Esq. Clerk of the Court By: t Court Clerk ; SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN PEOPLE OF THE VIRGIN ISLANDS, ) Plaintiff, vs. CASE NO. ST-09-CR-450 ANSELMO FARRINGTON, Defendant. ) = ORDER BE i UPON CONSIDERATION of the premises and consistent with the Memorandum Opinion issued herewith, it is hereby ORDERED that Defendant’s Motion for a New Trial is DENIED without prejudice; and it is ORDERED that Defendant’s Motion to Continue the March 15, 2010, sentencing hearing is GRANTED, and the SENTENCING HEARING is continued to May 10, 2010, at 10:30 am; and it is ORDERED that a copy of this Order shall be served on Defendant and copies shall be directed to counsel of record. ee: Dated: March gS, 2010 i te HON. MICHAEL C. DUNSTON ATTEST: Venetia H. Velazquez, Esq. JUDGE OF THE SUPERIOR COURT Clerk of Court / / OF THE VIRGIN ISLANDS e _.. ees CERTIFIED A, TRUE COP Y Rolie Griffith =) Court Clerk Supervisor SS / [Od | KC} } Date: a LO0LZ O Vit netia H/Velazquez, Esq. Clerk of the Court LO con 0/Vt Janell ll Court Clerk