Attorney at Law Brenda Brooks represented Carlos Richardson and Omar Jones, Brooks said the prosecution submitted a number of statements that were made by anonymous witnesses some of them the defense could not question (verify) either because they did not show up for the hearing in front of the judge of instruction or the statements were made by people who are now dead. Attorney Brooks made clear in her presentation to the courts that "dead men" cannot speak and since the statements could not be verified then the judge should deem them inadmissible.
Attorney Brooks also told the court that the prosecution shipped her client outside of St. Maarten and they never informed her of his whereabouts. She said during the time Richardson was removed from St. Maarten she had no contact with him and once another inmate called her and informed her that her client had no canteen money and he was not allowed to have contact with anyone.
Brooks said the prosecution led by Prosecutor Bart den Hartigh based his case on melee and on comments made on www.smn-news.com and SIT website. She said that some of the words used in the file by the prosecution are unacceptable especially when the prosecution claims they spent two million dollars on the investigation to arrest seven persons whom they believe are the perpetrators to several murders. Brooks said that the prosecution built their case while suffering from tunnel vision because they turned a blind eye to real facts that might have led them to the real killers. Attorney Brenda Brooks told the court that on November 16th, 2011 when the seven suspects were arrested, Kevin Meturah who resides on the French side was also arrested on the request of the Dutch Prosecutor, however, Meturah was released the very next day by former Prosecutor Jacques Louvier who verified that Meturah could not have been anywhere near where the Dutch prosecution said he was because he was wearing a French angle bracelet that has GPS on it. Attorney Brooks said the Dutch Prosecution claimed Meturah was involved in the murders of Kevin Gumbs and Eric Lake which took place on A.T. Illidge Road. Attorney Brooks said Meturah's ankle bracelet placed him in Simpson Bay at the time of the shooting. This she said the prosecution failed to mention in their presentation to the court last week. "The Prosecutor requested the arrest of Meturah based on a statement made to them by an anonymous witness. Besides the ankle bracelet, the cell tower information placed Meturah exactly where he said he was and the route he used to get from French Quarter to Simpson Bay. Attorney Brooks said that Meturah's destiny was saved because the French authorities did their job and due diligence when they verified Meturah's whereabouts on that day. Brooks also read several statements given by witnesses who claimed they feared for their lives yet the prosecution and the police did not seek to properly question the witnesses to ensure that their statements were credible. She said in her opinion the prosecution placed their focus on the Labega families whom they said were seeking revenge for the slaying of Amador Jones who was killed at Under the Sun night club. "The prosecution did not seek to find the truth, they took statements from one of the suspects (Charles Fleming) who told them what they wanted to hear. Brooks said Charles Fleming said "Oggie got killed and nothing came out of it. Now it is Amador. You all better find this man, if not we will take care of it ourselves". She said according to a comment made on SMN News, a hit list was posted by someone who said when they are done they will turn themselves into law enforcement. The person who wrote the comment said anticipation of death is worst that death itself. She said the police knew of this hit list and they went and warned Carlos Richardson and Omar Jones about the hit list. She said after the arrest of the seven suspects that are being tried in the Vesuvius investigation, the Prosecutor's Office turned it into a media circus. Brooks said while the suspects were described as dangerous persons five of them are staying at the Pointe Blanche prison which has minimal security and not once a complaint was filed about their behavior. Brooks said that she is of the opinion that the court should hold Charles Fleming responsible for the statements he made to police because in his statements to police he said meetings were held with the Labega family but in court he accepted that no meetings were actually held after the death of Amador Jones.
Brooks told the court that the prosecution started a "witch hunt" on the Labega family based on the statements they got from Fleming someone whom she said has no relationship or ties to the family. She also made clear that Amador Jones was not the first relative of the Labegas that was killed violently. Brooks said someone closely related to the Labegas was killed in 2006 and killer was arrested and convicted. Attorney Brooks also told the court that she believes that the prosecution made a deal with Carlos Fleming Davis and Eckron Morgan because in their file it is clearly stated that Morgan asked the investigators what they were going to do for him if he gave them the statements they want. "It is in the file your honor they promised these persons protection for them and their families and when one of them asked for his mortgage payments the investigators said they do not do that." Another point Attorney Brooks raised during her presentation was the fact the prosecution claimed that the Vesuvius suspects were part of a criminal organization, yet they returned the $25,000.00 that was seized from all seven of the suspects. "If these suspects are part of a criminal organization why did the Prosecutor's office release the monies they seized before a decision is rendered by the court," she asked.
When addressing the killing of Miguel Arrindell who was killed the day before the Snowflakes hearing, Brooks said there again the prosecution turned a blind eye to statements made by several witnesses, some of which were incomplete. She said one witness told police that Miguel Arrindell was seen at his bar with a Colombian during that meeting Miguel looked nervous and afraid. Another witness told police that the killer sounded like someone from Tortola. She mentioned that one of the deceased Eric Lake was held in Tortola when he was caught with an excessive amount of monies. "Police did not follow none of the leads and besides that they had a number of video surveillance tape from various businesses around Cole Bay. "Each of the witnesses gave a different story as to who they saw kill Miguel Arrindell, police also found the getaway car by Under the Sun and instead of collecting forensic information where they found the vehicle, the police took the vehicle and parked it in an open parking lot behind the police station. The forensic evidence was gathered three days after the vehicle was moved and police claimed that Carlos Richardson's DNA was found inside the vehicle. "They even went as far as saying that based on the DNA the time it was placed in the vehicle was also specified and the prosecution managed to determine that Carlos Richardson was the driver of the vehicle that they believed was used to kill Miguel Arrindell." Brooks asked the court if the technology today has gone that far to determine time and date when someone's DNA is placed somewhere.
As for the slaying of Rodulfo Arrindell, Brooks said his girlfriend was in the car and she told police she did not see the shooter. While another witness said that the girlfriend could have been involved because of the relationship she had with one of the Rodulfo's best friends. Attorney Brooks said that Rodulfo Arrindell was killed two days after he returned from the Dominican Republic where he took his brother's ashes. She asked the court who they think would know the exact travel plans of Arrindell and why did police turn a blind eye to the statements given to them by several witnesses.
The defense attorney also explained to the court that the prosecution made several technical errors which were overlooked by the judge of instruction. She said the prosecution wrote out the summons for the indictment way before hand therefore making it null and void. Brooks told the court that after reading the file the prosecution presented against the seven Vesuvius suspects and the statements given by the witnesses she wants to know if she should accept the boloney that was given to the defense and the court.
Document presented by Attorney Vaders in defense of Doniel Thomas.
Document presented by Attorney Vaders in defense of Omar Jones.
Document presented by Attorney Brenda Brooks in defense of Omar Jones and Carlos Richardson.
