Ex-Premier Andrew Fahie asked a Miami court on June 20 to delay his July trial date to November as his attorney seeks information about the confidential source who allegedly recorded Mr. Fahie plotting to help ship large amounts of cocaine through Virgin Islands waters on the way to the United States.
“The government has not yet disclosed the identity of the confidential source,” according to a June 20 motion by Mr. Fahie’s Florida lawyer, Theresa Van Vliet. “As previously noted, Mr. Fahie contends that he needs the information in order to file certain pre-trial motions.”
The government, meanwhile, is awaiting a court order before disclosing the source’s identity, and it has not yet decided whether to call the source as a witness, according to the filing.
The June 20 motion — which the government did not oppose — also notes other delays in prosecutors’ production of various material during the discovery process.
“For these several reasons, the undersigned does not have adequate time to prepare for a trial in this case in mid-July 2023, nor to address any pretrial filings until the government completes its discovery obligations and until such time as the court may rule on the pending filings relating to the identity of the confidential informant,” the filing states.
The court had not ruled on the motion as of June 21 afternoon, but a Zoom status conference was scheduled for 11 a.m. June 23 before Judge Kathleen Williams.
Previous delays
If the motion is successful, the delay will be the third.
Following Mr. Fahie’s arrest on April 28, 2022, he initially was scheduled to face trial starting on July 18, 2022 alongside former BVI Ports Authority Managing Director Oleanvine Maynard and her son Kadeem Maynard, who are also accused of taking part in the cocaine-trafficking conspiracy.
But that month, the court agreed to the defendants’ unopposed request to reschedule to Jan. 17 to give them more time to prepare.
Second extension
Last November, however, Mr. Fahie requested a second extension, noting that a Nov. 9 superseding indictment against him and Ms. Maynard added a new count — “interstate and foreign travel in aid of racketeering” — in addition to the three they were already facing along with Mr. Maynard: conspiracy to import a controlled substance, conspiracy to engage in money laundering, and attempted money laundering.
In part because of the new charge, Ms. Van Vliet argued that Mr. Fahie needed additional time to prepare.
In her Nov. 28 filing, the attorney also noted the prosecution’s delays in processing recordings included in the evidence against Mr. Fahie and his co-defendants.
“The government is still in the process of transcribing the voluminous audio recordings in this matter,” Ms. Van Vliet wrote at the time.
She also stated then that prosecutors had not disclosed information about the confidential source despite her Oct. 13 request for details “including but not limited to verification” of the source’s identity.
Because of the government’s “refusal to confirm, or refute, the identity of the confidential source,” the attorney wrote, she needed to submit the matter to the court.
Ms. Van Vliet added that she also anticipated filing “subsequent substantive motions with constitutional underpinnings upon verification of the confidential informant’s identity.” She pledged not to identify the informant in any public filing.
On Dec. 6, the court granted the second motion to delay the trial, which was pushed to the two-week trial period starting July 17.
Sealed documents
Since then, several sealed documents were filed, some of which are described in this week’s motion.
On Feb. 1, for instance, Mr. Fahie filed a sealed motion requesting “an order directing the government to respond to [his] repeated requests for exculpatory and impeachment information related to the confidential source,” the June 20 filing states.
On Feb. 10, it adds, the government again declined, and the issue was discussed in a March 10 hearing.
“Subsequently, on April 27, 2023, the court heard Mr. Fahie’s supporting arguments in a sealed ex parte meeting,” Ms. Van Vliet’s June 20 filing states. “The government also prepared ex parte submissions to the court concerning the disclosure issue.”
Therefore, the attorney added, Mr. Fahie’s sealed motion and the response and reply have not been resolved, and the June 16 “deadline for the government to provide the requested information has passed under the terms of the protective order.”
The Maynards
Other government discovery is also expected by July 4 relating to the Maynards, who both pleaded guilty on June 12 to conspiracy to import a controlled substance, according to the June 20 motion.
As part of their plea deal, the Maynards also agreed to cooperate with prosecutors and admitted that they conspired with Mr. Fahie last year on a plan to smuggle thousands of kilograms of cocaine into the US through VI waters.
Their sentencing is scheduled for Aug. 21.