Attorney: Fahie confident about appeal in ‘fantasy conviction’
Disgraced former Premier Andrew Fahie’s legal team has indicated that Fahie remains optimistic as he approaches his sentencing hearing next month, following his conviction for drug trafficking and money laundering earlier this year.
Fahie’s appeal attorney, Richard Della Fera, reported that the former leader is confident about his chances of being exonerated and is looking forward to appealing his conviction.
Fahie was convicted in Miami earlier this year on charges of conspiracy to import a controlled substance and money laundering after allegedly agreeing to facilitate the safe passage of cocaine through the British Virgin Islands in exchange for large sums of money.
In an interview on the Morning Braff show with Floyd ‘Heritage’ Burnett, Della Fera provided insights into Fahie’s current state and the legal strategies moving forward.
“I speak to him nearly every week… I visit him in person, and I can tell you that his spirits are very high,” Della Fera explained.
Della Fera, who has nearly three decades of experience in criminal trials and appellate defense, is preparing to challenge the conviction on several grounds once the sentencing is finalized.
“We plan to file a notice of appeal and contest the convictions, citing various errors that we believe occurred during the trial,” he stated.
Questionable decision-making?
According to Della Fera, the appeal will focus on potential errors related to the jury’s decision-making process and the presentation of evidence during the trial. He highlighted that significant pretrial motions concerning the credibility of the informant were not allowed to be presented to the jury, which he believes could form a strong basis for the appeal.
Fahie’s case has attracted considerable attention due to its implications and the dramatic circumstances of his arrest and trial, including claims of entrapment and questions about the jury’s unanimity. Della Fera noted that “most reversals of convictions on appeal stem from issues involving the jury and jury instructions.”
One key point in the appeal is the issue of jury unanimity. Two jurors informed the court and Fahie’s attorneys that they were not convinced beyond a reasonable doubt by his testimony, raising concerns about the jury’s ultimate verdict. One juror later changed their mind, while the other could not be located when summoned.
“It’s all fantasy”
During the interview, Della Fera elaborated on the defense’s stance regarding entrapment. Entrapment occurs when law enforcement induces a person to commit a crime they would otherwise be unlikely to commit. Della Fera suggested that the actions of the informant and the government agents involved in the sting operation may have crossed this line.
He argued that the government’s approach, which began with other individuals and eventually led to Fahie, raises serious questions about the operation’s legitimacy. Fahie’s legal team intends to argue that the evidence of entrapment was overwhelming and that there was insufficient evidence to prove Fahie’s intent to commit the crimes.
“The government is presenting a fictitious scenario and attempting to get the target to go along with it… but there is no real crime because it’s all fantasy,” Della Fera argued.
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“Not my first rodeo.”
Proverbs 28:13: “The one who conceals his sins will not prosper, but whoever confesses and renounces them will find mercy”
see you soon
What a waste of time and money. You can not succeed in that wrong side of doing things! You can launder but never really get clean!
them lawyers are going to take all his retirement money, what a fool
This new lawyer just looking for more money from the BVI.
This is a chronic case of yesman syndrome. When you surrounded by yes men kissing ya an** and just agreeing with everything you say and do, this the type of mentality that emerges.
Ya want someone to blame? Blame people like the ones who still here talking that he never do nothing wrong and others the likes of that who been around him.
Since he is so confident then why don’t he do it without a deposit?
Della Fera is just another attorney. The prosecution/FBI has the other side of the story. Folks don’t be so gullible to believe everything you hear.
First let me state anyone convicted of a crime(s) is entitled to an appeal and Head Coach is no different.
I just happened to have overheard part of that interview via Facebook a few days ago with the appeals attorney.
From what was discussed the appeal with be centered on on 4 areas among others.
1. Head Coach was not the ring leader as alleged in the criminal complaint.
2. The issue of diplomatic immunity, and whether or not he was entitled to it.
3. The fact that 2 jurors had a change of heart immediately after the verdict was rendered and informed the court immediately after which the trial court did have a follow up hearing and decided to let the verdict stand, and
4. The entrapment defense.
Now, I would not rule out the possibility that the court may overturn the verdict for any one of those 4 areas, but IMO, it will be a tall order, but anything is possible. I am not an expert here. Just my personal opinion based on my understanding of the law.
I think the strongest area of appeal is probably what happened with those 2 jurors, and whether or not the trial judge erred in accepting the verdict. If it is determined the trail judge erred, then the case may be overturned and at the discretion of the prosecutors, retried or not refiled.
I think it’s hard to argue about the level of involvement of Head Coach in the alleged conspiracy when they have him on tape and video actively partaking in it.
The issue of diplomatic immunity may have some legs, but it’s up to the appeals lawyer to come up with applicable case law and the law itself on that matter to make head way with that.
Interesting that he alluded to the recent Supreme Court decision on Trump relative to immunity when discussing that matter, but as he spoke of it, I simply don’t see how decision by the U.S. Supreme Court has any bearing on a foreign national and from a foreign government.
As per the entrapment defense, that was already rejected by the trail judge. Surely, the appeal attorney will bring that up again.
Now, this appeal will take much time like years to resolve. One can anticipate that Head Coach will be given a significant sentence next month, after which the appeals lawyer will fill an immediate appeal.
During that time, Head Coach will have to adjust to his life in prison while this appeals process unfolds.
I am not going to offer an opinion as the success of this appeal. I will follow and see what happens.
I do think however, that Head Coach disgraced him self, family, and country and is in this position today because of his greed. Which ever way this shakes out, I’m ok with it.
Finally message to the interviewer. May I suggest asking simple rather than rambling multiple questions all at once, staying quiet for a minute to allow the person you are questioning an opportunity to respond.
Also, stop referring to the disgraced former Premier as Honorable. There is nothing honorable about running drugs, selling out and disgracing your country for financial gain particularly as the Premier of the country. That kind of behavior is dishonorable and a betrayal of the oath to the office he once held.
So stop with the madness. Wrong is wrong. He made his bed; he will have to lay in it. Stop trying to excuse the inexcusable.
Many young people look up to our leaders. Running drugs is not something we want them to look up to.
you flattering the Head Roach aswell
@Its you calling he Head Coach.
Wrong. I am using the words used to describe him in his criminal indictment from that sting operation that resulted in his conviction.
I don’t flatter criminals; there is nothing about them that I find appealing in anyway. I live a lawful life. I have no need to admire criminals. I live the honest way.
August soon reach. Struggle all you want fat Boi.
These morons n BVI politians may support you and wishing for a miracle but I don’t.
I got sense.
Andrew Fahie putting our tax monies to use mehsonn
All the monies build up off of we tax money for the past years blowing on this yes man lawyer lol
Especially, the MoneyGram tax!!!
I honestly feel VanVliet has several shortcomings towards this case. This man is not guilty of being a criminal, he’s just stupid. If someone approaches you with a gazillion dollar scheme 95% of ppl will see wassup. At first I was like he dirty but he just dumb and this is definitely entrapment. He was absolutely lined right up.
If I going out fishing and bait my hook isn’t it up to the fish to bite or not? Anjuh had ample time and chance to alert the relevant authorities to which he did not. Can’t use stupidity as a legal defense neither. He bit the bait and got hooked now he is the FRAH FISH for DeBo and the others who see this dude as meat and he ain’t got no clue how he going do this time so he’s shaking any tree to get this case tossed and/or less time.
More money than sense per usual…the games he ran here he won’t get away with up there!
Brother I could done see that these people want this guy to come back Tola so they could vote him back into office.
That is what these people like.
@Attorney: If 95% of people commit a murder right now, does that make it right. i don’t see your logic. In my humble opinion, If anybody stupid it’s you.
How head coach paying for all of this?
N please get bail let me show you
We all know that Head Coach is guilty of these charges and much more. The politicians of our beloved territory have abused their position in society for far too long. Raiding bank accounts has devastated our development. Had enough of all the deflection so that certain people can take from our tax funds whenever they want. Money laundering and drugs in Miami, stealing here, when will it stop.
This isn’t going to end well
The white lady is spending all the money he rented her unfit expensive buildings for on this case.
he ain’t no dummy / he walked in the den of lions with his calculator for protection / the lady is just doing what all ATTORNEYS do , he is not being robbed , and if he got money to dish out , so she’s just collectibng easy money , he has the power to fire her any time he chooses , if he wants to prolong the DRAMA is yhat her fault ❓️ AND we have a canary on his yello site hollering out ( FREE THE DREW ) and all wondering how come he ain’t up there by his side defending MASTER , who have the best job in his miserable life , as a * SPEAKER * of the HOA and as we all know anything that dude is involved always has confusions / conflicts /
controversy and lots of DRAMA , the wig was the beginning , then his ego and arrogance took over / he tried to flex off on Mark , who took him to school, even the coAch had to restrain him when he realized he was getting out out
of control and was making it look bad for his image as a premier , look at WSD after an encounter with that fellow then princess pearline was another disaster ( both can be compared to ( irma & maria )
The fool and his money or our tax payers’ money will soon part.
So from what I’m reading they are looking for technicalities to “free the drew” not necessarily to prove he was innocent. So if he gets through what’s next?
@Well schooled. At this stage, the appeals attorney is not going to be trying to prove he is not guilty. He was found guilty so that is a mute point.
What he will most likely attempt to do is review every detail of the criminal trial and seek to find anything he can hang his hat on to say the trial court erred for any of the reasons I discussed above in my earlier post. As stated earlier, he may have other appealable reasons that he may present to the appeals court.
If he is successful, there are two options:
1. The verdict may be overturned, or
2. The verdict is upheld.
If overturned, a new trial may be ordered or the prosecution may not retry.
If upheld, Head Coach does his time.
My intuition tells me if the verdict was overturned, the prosecution will retry the case given the original verdict was unanimous, and in their minds their will be a high probability that a retrial will result in a similar outcome.
Meanwhile, Head Coach, will have to cough up more money to keep his case alive.
The 2 jurors changing their minds is deeply suspicious. I hope someone checked what calls they received immediately after they were released and their financial records. I would be very surprised if they were not approached and threatened or bribed.
Of course his attorney is “confident “ he is getting paid,what else you expect him to say?