Ledesma v. Government of the Virgin Islands
Ledesma v. Government of the Virgin Islands
Opinion of the Court
MEMORANDUM OPINION
(April 22, 2009)
I. ISSUES PRESENTED
This matter is an appeal of a jury verdict, where Appellant Hector Ledesma (“Ledesma” or “Appellant”) was convicted of aggravated rape in the first degree and unlawful sexual contact. Ledesma seeks a new trial based on newly discovered evidence and argues, alternatively, that there was insufficient evidence for a jury to find him guilty beyond a reasonable doubt for the crimes alleged. To date, Ledesma has not filed a motion for a new trial below.
II. FACTS
Hector Ledesma, an adult, and B.T., a minor, lived approximately two blocks away from one another in Estate Mon Bijou on St. Croix. On February 19, 2004, a neighbor told B.T.’s mother that her daughter was with a tall light-skinned man and not attending school. Around the same time, B.T.’s mother also discovered that Ledesma gave B.T. a cellular
Shortly thereafter, B.T. was examined by Dr. Wilburt Williams who concluded that he was clinically certain that B.T. was engaged in sexual activity. On March 26, 2004, Ledesma was charged in a two-count information with aggravated rape in the first degree, in violation of V.l. Code Ann. tit. 14, § 1700(a)(1), and unlawful sexual contact in the first degree, in violation of V.L CODE Ann. tit 14, § 1708(2). Following a jury trial, Ledesma was convicted on both counts of the information; and on August 2, 2004, Ledesma was sentenced to fifteen years incarceration for count one and a concurrent five years sentence for count two. Ledesma did not move for a new trial. On August 2, 2004, Ledesma filed his timely notice of appeal.
On appeal, Ledesma argues that his judgment and conviction should be vacated or remanded for further consideration because B.T.’s mother signed and submitted a post-trial affidavit wherein, B.T.’s mother claims that her daughter confessed that her in-court testimony was false and that she never had sex with Ledesma. Ledesma contends that the affidavit is newly discovered evidence sufficient to warrant reversal or remand. Ledesma also argues that there was insufficient evidence presented at trial to sustain his convictions.
III. JURISDICTION AND STANDARD OF REVIEW
This court has jurisdiction to consider judgments and orders of the Superior Court in criminal cases. Revised Organic Act § 23A, 48 U.S.C. § 1613a.
Ledesma did not move for a new trial below. Generally, issues raised for the first time on appeal should be rejected summarily. Preiss v.
IV. DISCUSSION
A. Motion for a New Trial
For the first time on appeal, Ledesma argues that an affidavit submitted with his brief is a recantation of the victim’s testimony. The affidavit is purportedly signed by the mother of the victim. The affidavit states that B.T. told her mother that her sworn in-court testimony was untrue.
The Federal Rules of Criminal Procedure 33 sets forth clear guidelines for post-conviction motions for a new trial based on newly discovered evidence. Specifically, Rule 33(b)(1) gives the trial court authority to vacate a judgment or grant a new trial upon motion of the Defendant, filed within three years after the verdict.
Our jurisdiction is limited to appellate review of Superior Court judgments, orders and decisions. See Revised Organic Act § 23A, 48 U.S.C. § 1613a. The record reflects the Superior Court made no decision concerning the viability of the newly discovered evidence, or whether that evidence is sufficient to warrant a new trial. As such, there is no order, nor judgment, to review.
Hence, this appellate court cannot make the requisite factual findings necessary to determine whether the affidavit upon which Ledesma relies warrants remand. For example, in the absence of any factual findings from the Superior Court, we cannot determine whether the proffered affidavit is: impermissible hearsay; whether the victim’s mother (who the Government alleges is predominantly Spanish-speaking) sufficiently understood the affidavit she allegedly signed; whether the affidavit was in fact signed by the victim’s mother; and consequently, whether the affidavit at issue warrants remand. Cf. Government of Virgin Islands v. Lima, 774 F.2d 1245, 1250 (3d Cir. 1985) (holding that a motion for a new trial is addressed to the trial judge’s discretion, and the scope of appellate review is whether such discretion was abused).
B. Sufficiency of the Evidence
Ledesma also argues that there was insufficient evidence to convict him of aggravated rape in the first degree or unlawful sexual contact.
(a) Whoever perpetrates an act of sexual intercourse or sodomy with a person not the perpetrator’s spouse:
(1) Who is under the age of thirteen...
Is guilty of aggravated rape in the first degree.
Id.
Unlawful sexual contact in the first degree is defined as follows: “[a] person who engages in sexual contact with a person not the perpetrator’s spouse . . . when the other person is under thirteen years of age ... is guilty of unlawful sexual contact in the first degree.” See V.I. CODE Ann. tit. 14, § 1708(2).
Ledesma posits that B.T.’s testimony was incredible, uncorroborated and contradictory and that she later recanted her statement to her mother, as per the affidavit submitted. (App. Brief 11.) As such, Ledesma concludes that a reasonable jury could not find him guilty of unlawful sexual contact or aggravated rape.
B.T. testified, in great detail, to having sexual intercourse with Ledesma.
V. Conclusion
For the reasons cited above, we lack jurisdiction to consider Ledesma’s motion for a new trial. Additionally, sufficient evidence existed for a reasonable jury to convict Ledesma of the crimes alleged. Accordingly, we affirm Ledesma’s conviction.
The complete Revised Organic Act of 1954isfoundat48U.S.C. §§ 1541-1645 (1994), reprinted in V.I.CODE ANN., Historical Documents, Organic Acts, and U.S. Constitution at 159-60 (1995 & Supp. 2003) (preceding V.I.CODE Ann. tit. 1) [“Revised Organic Act”].
Rule 33. New trial
(a) Defendant’s Motion. Upon the defendant’s motion, the court may vacate any judgment and grant a new trial if the interest of justice so requires. If the case was tried without a jury, the court may take additional testimony and enter a new judgment.
(b) Time to File.
(1) Newly Discovered Evidence. Any motion for a new trial grounded on newly discovered evidence must be filed within 3 years after the verdict or finding of guilty. If an appeal is pending, the court may not grant a motion for a new trial until the appellate court remands the case.
(2) Other Grounds. Any motion for a new trial grounded on any reason other than newly discovered evidence must be filed within 7 days after the verdict or finding of guilty. Fed. R. Crim. P. 33.
Under the rule established in United States v. Iannelli, 528 F.2d 1290 (3d Cir. 1976), five requirements must be met before a trial court may order a new trial due to newly discovered evidence:
(a) the evidence must be in fact newly discovered, i.e., discovered since trial.
(b) facts must be alleged from which the court may infer diligence on the part of the movant;
(c) the evidence relied on must not be merely cumulative or impeaching;
(d) it must be material to the issues involved; and
(e) it must be such, and of such nature, as that, on a new trial, the newly discovered evidence would probably produce an acquittal.
Ledesma’s insufficiency of the evidence challenge to his conviction for unlawful sexual contact in the first degree is based on the same argument as his challenge to the aggravated rape conviction.
The standard for a insufficient evidence claim is “particularly deferential” to the jury. United States v. Iafelice, 978 F.2d 92, 94 (3d Cir. 1992); United States v. Peppers, 302 F.3d 120, 125 (3d Cir. 2002). Thus, a Court must sustain the jury’s verdict “if there is substantial evidence, taking the view most favorable to the Government, to support it.” United States v. Voigt, 89 F.3d 1050, 1080 (3d Cir. 1996). That is, the jury ’ s verdict must stand if “any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.”
Lewis v. Gov’t of the Virgin Islands, 42 V.I. 175, 77 F. Supp. 2d 681, 684 (D.V.I. 1999) (holding that the testimony of the victim alone is sufficient for the jury to have found the defendant guilty of rape).
Reference
- Full Case Name
- HECTOR LEDESMA v. GOVERNMENT OF THE VIRGIN ISLANDS
- Status
- Published