Government of the Virgin Islands v. Yarwood

45 V.I. 68, 2002 WL 31422984, 2002 V.I. LEXIS 30
CourtSupreme Court of The Virgin Islands
DecidedOctober 2, 2002
DocketCrim. No. 70/2001
StatusPublished

This text of 45 V.I. 68 (Government of the Virgin Islands v. Yarwood) is published on Counsel Stack Legal Research, covering Supreme Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Government of the Virgin Islands v. Yarwood, 45 V.I. 68, 2002 WL 31422984, 2002 V.I. LEXIS 30 (virginislands 2002).

Opinion

CABRET, Judge

MEMORANDUM OPINION

(October 2, 2002)

Before the Court is the Defendant’s motion opposing the introduction of what he terms “unauthorized material” from his sentencing hearing. The defendant challenges a letter submitted by the Women’s Coalition of St. Croix (“Women’s Coalition” or “Coalition”), on grounds it is unreliable and that the group is not a proper party to speak at sentencing. The Coalition, filing as amicus curiae, and the Government refute Defendant’s assertions and urge the court to exercise its discretion and consider the information offered. The Court rejects Defendant’s arguments that the Coalition is generally prohibited from being heard at his sentencing, but will exclude the letter on due process grounds.

STATEMENT OF FACTS AND PROCEDURAL POSTURE

The facts pertinent to this motion may be briefly stated, as follows. Defendant Lloyd Yarwood (“Yarwood” or “Defendant”) was charged with several serious crimes in connection with a domestic violence incident which left his girlfriend seriously injured. On June 28, 2001, Yarwood pled guilty to assault in the first degree, and the Court set sentencing for July 25, 2001. On July 24, 2001, the Probation Office requested a continuance to September 12, 2001, because the pre-sentence report had not been completed. The Court granted that continuance and scheduled sentencing accordingly.

On the morning of sentencing, the Women’s Coalition, a private women’s advocacy group, presented a letter to the probation officer. That letter was dated September 11, 2001 and addressed to the undersigned judge. The probation officer subsequently distributed copies to both parties just prior to commencement of the sentencing hearing. The letter contained allegations of prior assaults against the victim, for which the defendant was never charged or prosecuted, as well as the Coalition’s

[71]*71view of the impact of the instant crimes on the victim and its opinion regarding the defendant’s disposition.

Counsel for the defendant vehemently opposed the introduction of the letter, and the Court continued the scheduled sentencing to allow both parties an opportunity to brief the issue. The Women’s Coalition sought leave of the court to file an amicus curiae brief in support of the letter’s introduction. On December 5, 2001, the Court granted the coalition leave to intervene and gave the defendant an opportunity to file an opposition by December 21, 2001.1 Having received no opposition from the defendant, the Court will now decide whether the Coalition’s letter may be considered at sentencing under the specific facts of this case. In doing so, the Court will also consider the Coalition’s brief in support of the letter’s introduction.

DISCUSSION

Defendant raises several arguments for exclusion of the letter: 1) the Coalition, who is not a party to the events and has no personal knowledge, has no standing to speak at sentencing; 2) the Coalition is not permitted by statute to speak at the sentencing; 3) the letter is inflammatory and prejudicial, to the extent it refers to the defendant’s prior acts of domestic violence; and 4) the information is inaccurate and unreliable and, therefore, violates the defendant’s due process rights.

1. Who May Be Heard At Sentencing?

The defendant first argues the Coalition may not properly be heard at his sentencing, where it is not a party to the action and is not included among those specifically entitled by statute to speak at sentencing.

The Federal Rules of Criminal Procedure governing sentencing proceedings provide:

At the sentencing hearing, the court must afford counsel for the defendant and for the Government an opportunity to comment on the probation officer’s determinations and on other matters relating [72]*72to the appropriate sentence, and must rule on any unresolved objections to the presentence report....

FED. R. CRIM. P. 32 (c)(1). Before imposing sentence, the Court is additionally mandated to allow the defendant and the victim of a crime of violence, to present information bearing on the defendant’s sentence. See Fed. R. Crim. P. 32 (b)-(e).

This rule provides an absolute right to victims to participate in the sentencing process or, at least, have some input on the issue. That right is further codified in title 34, sections 203(f)(1) and 205 of the Virgin Islands Code (“Victim’s and Witness’ Bill of Rights”), which afford a victim2 of a violent crime the right “to participate in the criminal justice process directly or through representation” and the right to submit a victim impact statement for consideration at sentencing. See, 34 V.I.C. §§ 203(f), 205 (1996). The Court finds unavailing the defendant’s argument that community groups such as that now before the Court are, a fortiori, prohibited from participating in the process by virtue of their exclusion from the statute.

First, the Court must give effect to the plain meaning of a statute and “in the absence of compelling reasons to hold otherwise, it is assumed that the plain and ordinary meaning of the statute was intended by the legislature.” 2A NORMAN J. SINGER, SUTHERLAND STATUTORY CONSTRUCTION § 46.01 (5th ed.). Thus, if the statute is clear and unambiguous, the Court must not go beyond its plain language and may not insert words into a statute to effect a different meaning. Id. at § 46.02.

Here, the plain language of the statute is a clear mandate that those specifically enumerated in the statute must be afforded an opportunity to be heard on the defendant’s sentencing. However, while the plain language of the Victim’s and Witness’ Bill of Rights provides an absolute right to victims and witnesses, which may not be questioned or [73]*73impeded once invoked, the Court finds no express language that would otherwise prohibit others from entering the sentencing process or submitting relevant information for use at sentencing.

Moreover, the fact that the Legislature chose to use mandatory terms with regard to the rights of victims and witnesses does not compel the conclusion that information from other groups not specifically enumerated is foreclosed from consideration. Indeed, it is often inferred that those things not covered in a statute are otherwise excluded, where the statute specifies and enumerates the persons or things to which it applies. See, e.g. SUTHERLAND STAT. CONSTR. §§47.18 — 47.24 (a statute may enumerate or define a group to determine how extensively it is intended to apply, and others not listed are impliedly excluded). However, there are exceptions to this rule of implied exclusion. First, this rule of construction is deemed inapplicable where there is evidence of contrary legislative intent or where there is no evidence that the Legislature intended that the statute be a conclusive treatment of the issue. See, e.g. SUTHERLAND STAT. CONSTR. §47.23, at 217. Additionally, the rule is “inapplicable if there is some special reason for mentioning one thing and none for mentioning another which is otherwise within the statute. ...” Id.; see also,

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Bluebook (online)
45 V.I. 68, 2002 WL 31422984, 2002 V.I. LEXIS 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/government-of-the-virgin-islands-v-yarwood-virginislands-2002.