A federal judge on Friday granted a request by Davidson and Sasha Charlemagne to review the pretrial diversion agreement of Morris Anselmi, a key witness in the disaster recovery fraud case against the husband and wife.
Anselmi, who was separately charged with stealing half a million dollars in COVID-19 relief funds, signed the pretrial diversion agreement in his own case earlier this month. The Charlemagnes’ attorneys, Pamela Colon and David Cattie, filed an emergency motion to unseal the agreement ahead of Anselmi’s deposition, which is set to resume next week after a yearlong delay. In an order filed in U.S. District Court Friday, Judge Mark Kearney stopped short of unsealing the agreement but directed that it be shared with the Charlemagnes’ attorneys — with several redactions.
The redacted agreement may be used “solely for exculpatory or impeachment purposes in connection with or in response to the witness’s testimony in this case” unless Kearney orders otherwise. According to the order, the redacted sections include five provisions listed under a “General Conditions” section and two provisions listed under “Special Conditions” as well as a separate paragraph and attachment.
Anselmi and his co-defendant, Kimberly McCollum, were first indicted two years ago and charged with stealing $500,000 in federal Paycheck Protection Program funds. The case languished in court because of health issues, which prevented Anselmi’s return to the territory, and he wasn’t formally arrested and arraigned until U.S. Marshals visited him abroad in March. The delay also held up proceedings in the Charlemagnes’ case because attorneys were unable to finish Anselmi’s deposition last year until they resolved questions about his immunity from prosecution.
Darin Richardson, the former V.I. Housing Finance Authority executive who was arrested and charged alongside Davidson and Sasha Charlemagne but whose case was severed shortly afterward, has already gone to trial and been convicted. He was sentenced to three years in prison last month.
Anselmi’s deposition is scheduled to resume on Monday. The Charlemagnes’ trial is scheduled to begin on July 13.
