DeSilvia v. People
2011 V.I. Supreme LEXIS 39
Supreme Court of The Virgin Is...2011Background
- DeSilvia was convicted of procuring false instruments under 14 V.I.C. § 795 and making fraudulent claims under 14 V.I.C. § 843(3); the court affirmed §795 but reversed §843(3).
- Evidence showed Mendoza possessed fraudulent documents (vehicle registration and inspection lane checklist) indicating Mendoza’s safari taxi (license plate 0285) was roadworthy when it was not.
- Wheatley discovered Mendoza had falsely deposited the 0285 plates with the Commission; Mendoza admitted the safari was inoperable and missing plates.
- DeSilvia admitted to completing the vehicle registration and inspection lane checklist without inspecting Mendoza’s safari taxi.
- The trial court denied a Rule 29 motion for acquittal on §795 and denied a mistrial for a prosecutor’s closing argument; the issues on §843(3) arose from whether Mendoza actually made a false statement to the government.
- On appeal, the Virgin Islands Supreme Court analyzed sufficiency of evidence for each statute, and whether improper prosecutorial comment required reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of §795 proof | DeSilvia aided Mendoza by completing the falsified documents. | Insufficient to prove Mendoza procured false instruments and DeSilvia knew and facilitated it. | Sufficient evidence for §795; DeSilvia guilty as an aider and abettor. |
| Sufficiency of §843(3) proof | Mendoza’s false documents to the government violated §843(3); DeSilvia aided and abetted. | People failed to prove Mendoza actually made a false statement to a government actor. | Insufficient evidence; conviction under §843(3) reversed. |
| Prosecutor's closing argument | Statement framed the case as protecting health and safety to support guilt. | Comment was prejudicial and mandatory mistrial or curative instruction was required. | Improper but harmless error; no reversal of §795 conviction. |
Key Cases Cited
- Mulley v. People, 51 V.I. 404 (V.I. 2009) (curative instructions can cure some improper remarks)
- United States v. Hall, 632 F.2d 500 (5th Cir. 1980) (possession of forged instruments supports inference of intent)
- People v. Rodriguez, 897 N.Y.S.2d 42 (N.Y. App. Div. 2010) (possession of fake IDs supports inference of intent to defraud)
- Morena v. United States, 547 F.3d 191 (3d Cir. 2008) (test for prosecutorial misconduct requires due process analysis)
- United States v. Wood, 486 F.3d 781 (3d Cir. 2007) (harmless error when curative instruction given and evidence is strong)
- United States v. Liburd, 607 F.3d 339 (3d Cir. 2010) (prosecutorial misconduct analysis within trial context)
- United States v. Pettigrew, 77 F.3d 1500 (5th Cir. 1996) (reliance on circumstantial evidence and inference standards)