United States v. Willis
| Decision Date | 15 June 2015 |
| Docket Number | Criminal No. 2014-28 |
| Parties | UNITED STATES OF AMERICA, Plaintiff, v. LOUIS MILTON WILLIS, Defendant. |
| Court | U.S. District Court — Virgin Islands |
ATTORNEYS:
Jennifer Leigh Blackwell, Esq.
Peter Mason, Esq.
Jason D. Weitz, Esq.
Daniel Louis Cevallos, Esq.
Cevallos & Wong, LLP
Philadelphia, PA
For defendant Louis Milton Willis.
MEMORANDUM OPINIONBefore the Court is the motion of defendant Louis Willis, as supplemented, for a judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29 or, in the alternative, for a new trial pursuant to Federal Rule of Criminal Procedure 33.
Louis Milton Willis ("Willis") was the Executive Director for the Twenty-Eighth Legislature of the Virgin Islands (the "Legislature"). He was in that position from 2009 through 2011. While serving as the Executive Director of the Legislature, Willis was involved in securing contractors to perform renovations to the Legislature building. Three contractors - Wilson John Marie ("Marie")(Contractor C), Frank James ("James")(Contractor B), and Alwin Williams, Sr. ("Williams")(Contractor A) - were among those hired by Willis to assist in renovating the Legislature. Marie, James, and Williams all gave cash or other items of value to Willis during their contracts, allegedly for the purpose of securing more government work or ensuring payment of their invoices during the renovation.
Willis was indicted on May 8, 2014. Counts One, Three, and Five charged Willis with federal programs bribery, in violation of Title 18, Section 666 of the United States Code ("Section666"). Counts Two, Four, and Six charged Willis with extortion under color of official right, in violation of Title 18, Section 1951 of the United States Code (the "Hobbs Act").
The case went to trial on November 17, 2014. At trial, the government introduced the testimony of the three contractors regarding their contacts with Willis. The contractors each also testified as to what they had provided to Willis in the form of either cash or other items and services. The government also introduced the testimony of several government employees from the Virgin Islands Bureau of Internal Revenue ("VIBIR"), the Legislature, the Office of Management and Budget ("OMB"), and the Virgin Islands Inspector General's Office ("OIG").
Marie was the first contractor to testify. Marie stated that he was a carpenter in the United States Virgin Islands. He testified that he had done work for a renovation of the Legislature during the years 2010 and 2011. Marie stated that Willis drafted a contract for that work. Marie further testified that the hours he submitted would be reviewed and approved by Willis, who would then sign the invoice. Once the invoice was signed, Marie stated he would be paid by the Legislature's business office.
Marie testified that he would then give some of the monies he had been paid to Willis. When asked about the payment toWillis, Marie stated that it was "[t]o keep the job going, keep [Marie] going for the job." (Nov. 17, 2014, Trial Tr. 148:20.) When asked how much money he had given to Willis, Marie said it was "around, around three times, about $5,000." (Id. 148:22-23.) Marie further stated that Willis had instructed Marie to hire a relative of one of Willis's coworkers, and that Marie had done so.
James was the second contractor to testify. He stated that he owned a business specializing in air conditioning installation, maintenance, and repair. James testified that he performed work on the Legislature building during the renovation. During the renovation, James's contact in the Legislature was Willis. James testified that at various points, Willis asked James for: $1,000, to evaluate Willis's home air conditioning, and for $10,000. James stated that he did not pay Willis when first asked for $1,000. James testified that he did go to Willis's home, looked at the air conditioning units, and replaced an air conditioner there without charging Willis for the unit or for the installation. Finally, James testified that he wrote a check for $10,000 to a paving company to assist Willis. When asked why he wrote the check to the paving company rather than to Willis himself, James said that Willis told James that Willis needed the money to pave Willis's driveway. Jamestestified that the $10,000 check was a loan to Willis. When asked about loan terms or interest, James said that there were no terms for repayment or interest. James testified that, to date, the funds had not been repaid.
The final contractor to testify was Williams. Williams stated that he owned a company that did excavation and demolition. Williams testified that while he was at the Legislature, speaking with Willis, that Willis mentioned having money problems. Thereafter, Williams gave Willis $3,000 in cash. Williams stated that he gave Willis the money in order to ensure Willis would "look out for [Williams] down the road." (Nov. 18, 2014, Trial Tr. 71:20-21.) Specifically, Williams hoped that Willis would consider using Williams's company for future work. (Id. 71:23-24.)
Michael Benjamin ("Benjamin"), acting business director for the Legislature, testified about Willis's role as the Executive Director at the Legislature. Benjamin stated that the Executive Director was tasked with general oversight of the operation, including anything that had to do with contracts. According to Benjamin, the Executive Director answered solely to the President of the Legislature. As business director, Benjamin paid invoices on behalf of the Legislature. Funds used for the payment of contractors were appropriated for the Legislature andcame from the Government of the Virgin Islands' treasury. Benjamin stated that the Government of the Virgin Islands' funds included federal funds. Finally, Benjamin testified regarding the Executive Director's authority to go out and solicit and accept contracts on behalf of the Legislature. Benjamin said that such contracts bound the Legislature. Benjamin stated that the contracts entered by the Executive Director did not require approval from the Legislature in order to be valid.
Following the introduction of testimony from each of the government's witnesses, the government rested.
Thereafter, Willis moved for a judgment of acquittal. The Court denied the motion. Willis then presented his defense, calling a number of witnesses. Following the conclusion of Willis's case-in-chief, Willis again moved for a judgment of acquittal. The Court denied the renewed motion.
On November 19, 2014, the jury returned a verdict finding Willis guilty of Counts One, Two, Three, and Four. Willis was acquitted as to Counts Five and Six.
Thereafter, Willis filed a motion for judgment of acquittal or, in the alternative, for a new trial. Willis asserts several legal arguments for why the government has failed prove his guilt under either Section 666 or the Hobbs Act. In the alternative, he asserts that certain alleged errors thatoccurred at trial entitle him to a new trial. The government opposes Willis's motion.
A judgment of acquittal is appropriate under Rule 29 if, after reviewing the record in a light most favorable to the prosecution, the Court determines that no rational jury could find proof of guilt beyond a reasonable doubt. United States v. Bobb, 471 F.3d 491, 494 (3d Cir. 2006); see also United States v. Smith, 294 F.3d 473, 476 (3d Cir. 2002) ()(quoting United States v. Wolfe, 245 F.3d 257, 262 (3d Cir. 2001)).
An insufficiency finding should be "'confined to cases where the prosecution's failure is clear.'" Smith, 294 F.3d at 477 (quoting United States v. Leon, 739 F.2d 885, 891 (3d Cir. 1984)). "Courts must be ever vigilant in the context of [Rule] 29 not to usurp the role of the jury by weighing credibility and assigning weight to the evidence, or by substituting its judgment for that of the jury." United States v. Brodie, 403 F.3d 123, 133 (3d Cir. 2005) (citations omitted); see alsoUnited States v. Ashfield, 735 F.2d 101, 106 (3d Cir. 1984) ().
The government may sustain its burden entirely through circumstantial evidence. Bobb, 471 F.3d at 494; see also United States v. Wexler, 838 F.2d 88, 90 (3d Cir. 1988). A motion for acquittal should be granted when there is a "total absence of evidence that [the] defendant had any connection" with the crimes alleged and proved. United States v. Darrell, 629 F. 2d 1089, 1091 (5th Cir. 1980) ().
When deciding a Rule 33 motion for a new trial, the Court is provided somewhat more discretion than what is afforded under Rule 29. Under Rule 33, the Court may grant a new trial "in the interest of justice." United States v. Charles, 949 F. Supp. 365, 368, 35 V.I. 306 (D.V.I. 1996). In assessing such "interest", the court may weigh the evidence and credibility of witnesses. United States v. Bevans, 728 F. Supp. 340, 343 (E.D.Pa. 1990), aff'd, 914 F.2d 244 (3d Cir. 1990). If the Court determines that there has been a miscarriage of justice, the court may order a new trial. Id. ...
To continue reading
Request your trial