Facing a potential life sentence Thursday for sexual battery of a minor, former U.S. Virgin Islands Senator-At-Large Steven D. Payne Sr. told a Florida judge he’d discovered new documents contradicting evidence leading to his October 2025 conviction.
Payne, 59, filed his Feb. 6 plea for a new trial himself, not through his attorney, asking the Duval County court to throw out his conviction and conduct a new trial. He claimed “newly discovered” evidence proved he was with his sister registering the girl for school during a time pivotal to the case against him.
Florida Fourth Circuit Court Judge Meredith Charbula turned down Payne’s request for a new trial Feb. 10, saying rules did not allow defendants who have legal counsel to file motions themselves.
Payne acknowledged the rule in a letter to the court but asked for an exception to defend his “constitutional rights” before sentencing. He did not explain why the motion was not filed by his attorney.
Attorneys for Payne had sought to delay sentencing several times, asking the court to move the date from Nov. 5, 2025, to Nov. 13 after filing a motion for a new trial. The date was pushed back again, to Dec. 10, after the motion was amended and eventually denied. The date was moved again in January after Payne claimed to have found “mitigating evidence.”
Of the 50 pages of new evidence Payne submitted, only one was not redacted in online court files. It appears to be the header of an email from an office assistant at a high school in Jacksonville, Florida, sent to the same address on Aug. 20, 2018. The subject line is “Scan from MX710” with a PDF attachment.
Prosecutors said Payne became the victim’s guardian around 2016 while she was living in the Virgin Islands. The victim, described as between 12 and 18, moved to Florida after being displaced by Hurricane Irma. Payne had her move in with his sister in Jacksonville and attacked her the next day, Florida State Attorney Melissa Nelson said. Nelson said the girl was terrified during the incident. Another victim from the Virgin Islands testified that Payne had attempted to sexually assault her in 2005.
There were other allegations of sexual misconduct against Payne. At least three women accused Payne of sexual misconduct, including sexual assault and workplace sexual harassment, while he was a senator representing St. John. The 34th Legislature voted unanimously to expel Payne after a four-month investigation in 2022.
Payne sued and the Legislature spent nearly $100,000 successfully defending itself.
In 2020, the Source asked Senate candidates for their “top priority as a legislator.” Some said it was bringing down electricity prices; some were concerned with the Government Employee Retirement System’s solvency; others cited the territory’s financial outlook during the COVID-19 pandemic and worried if the public health system could meet the challenge.
Payne told the Source his “top priority as a legislator” was to act honorably.
“My top priority will be to ensure that my actions in representing the people as a legislator are always aboveboard. Also, I will do everything in my power to ensure that I never dishonor the institution or the people of the Virgin Islands who I serve,” Payne said.
Payne is a former Virgin Islands police officer, music teacher at Gomez Elementary, and School Resource Officer for the Virgin Islands Police Department. He trained as a police officer in Tampa Bay, Florida, gaining a Law Enforcement Certificate in 1998.
As a write-in candidate in 2016, Payne said he loved working with young, vulnerable people.
“As a police officer with the Virgin Islands Police Department, Steve Payne founded the Juvenile Delinquency Prevention Program; where he could have more access to the youths regardless of their age or grade level,” he wrote. “His campaign for change and empowerment of the youths started at Gomez Elementary School, where he served as the Music Teacher. However, Payne realized that there was a special need for reaching and impacting the lives of the male students; therefore, he opened his band room to them outside of his normal classroom hours. This created a safe and positive outlet for them.”
Payne also credited himself with founding the Gomez Golden Stars, the Addelita Cancryn Marching Iguanas, the JDPP Marching Kings, the JDPP Jammerz, the Marching Cougars, and the Marching Gulls and the VI Avengerz.
