Erickson trial moved to August after extradition

Accused money launderer, Nyron Erickson, has successfully had his trial date postponed until later this year in a St Thomas, US Virgin Islands courtroom.

Erickson was charged with International Money Laundering Conspiracy and Bulk Cash Smuggling in September 2020. However, he was only recently extradited from the British Virgin Islands to the United States (US) to face trial after failing in his bid at the United Kingdom’s (UK’s) Privy Council to have his extradition revoked. 

After his extradition, he initially appeared before a Magistrate Judge on February 28 but was arraigned (formally told about his charges) a week later on March 7.

In court documents seen by BVI News, Erickson filed an unopposed motion on March 20 to extend the deadline for motions because his counsel did not receive all discovery from the Prosecution and was unable to meet with him to review the discovery. 

The reasons given for that inability were that Erickson had been in quarantine at the MDC Guaynabo Prison in Puerto Rico and is not allowed to have any attorney legal visits.

Meanwhile, Prosecutors also filed a motion of their own on April 11 to move the trial date because of a scheduling conflict with another trial to be held on April 24. The court granted the motion, and the time to try the case has been extended until August 21, 2023.

In the US, defendants must be tried within 70 days of indictment under the Speedy Trial Act. However, delays may be granted by a judge for reasons of justice.

The United States Court of Appeals for the Third Circuit has recognised that “whether or not a case is ‘unusual’ or ‘complex,’ an ‘ends of justice’ continuance may, in appropriate circumstances, be granted.”

In making his ruling, Chief Judge Robert Molloy found that the ends of justice served by extending the period in which the trial must begin in the matter outweighed the best interest of the public and the defendant in a speedy trial. 

The parties are expected to file any substantive motions by April 24, and serve a pre-trial brief no later than August 11, which will include the proposed list of witnesses, the proposed list of exhibits, the estimated length of the case-in-chief and case-in-defence, the proposed non-standard voir dire questions, and the proposed non-standard jury instructions related to the elements of the charges and defences.