SUPREME COURT OF THE VIRGIN ISLANDS OPINION OF THE ...

Malone v. PeopleS.Ct. Crim. No. 2008-042Opinion of the CourtPage 7 of 25above, and described to them the events contained in this affidavit.Attorneys Ariel Smith and Julie Smith-Todman each stated that they willnot consent to any further communications with their respective clientsunless they are present and then provide consent.(Appellant’s App. 44-45.) The trial court promptly denied Malone’s Motion to Reopenthe Defense Case.The import of the Motion to Reopen the Defense Case was Akumba’s andAkeem’s March 20, 2008 disclosures to Attorney Benham, but without the knowledge oftheir counsel, that they wished to recant their trial testimonies. 2The trial court affordedMalone’s counsel until 10:00 a.m. on March 24, 2008, to secure Akumba’s and Akeem’sappearances before the trial court to be examined on their “law office recantations.”However, Malone’s counsel failed to secure both brothers’ appearances before the trialcourt, causing the trial court to deny Malone’s Motion to Reopen the Defense Case. Thetrial court concluded that any additional evidence of the brothers’ recantations would becumulative, and being cumulative, their purported “law office recantations” would notalter the outcome of the trial. Additionally, the trial court denied Malone’s request forcourt subpoenas for Akumba and Akeem, and denied Malone’s request for the SuperiorCourt Marshals’ assistance in securing the court appearances of Akumba and Akeem toaddress their “law office recantations.” (Appellant’s App. 54.)2 Akumba Daniel, Akeem Daniel and Jacqueline Payne went to the offices of Watts, Benham and Sprehn,P.C., a local law firm, to speak with Malone’s counsel, although they were represented by counselappointed by the trial court. Lorren D. Caffee, Esq., Appellant’s counsel at the time, was out of the office.Therefore, John H. Benham, Esq., (“Attorney Benham”) addressed their concerns. The Daniel Brotherstold Attorney Benham that they did not testify truthfully during Malone’s trial. Specifically Akumba toldAttorney Benham that he did not know who shot him. (Appellant’s App. 53.) Thereafter, Attorney Benhamprepared an affidavit, which is the basis of Malone’s recantation arguments on appeal.