Case Caption: Corraspe v. People of the Virgin Islands Case Number: SCT-CRIM-2019-0054Date: 04/30/2024Author: Swan, Ive Arlington Citation: 2024 VI 21Summary: In an appeal from convictions in the Superior Court of the Virgin Islands for first degree murder and possession of a firearm during a crime of violence, 14 V.I. Code §§ 922(a)(1) and 2253(a), the contention that there was insufficient evidence to prove beyond a reasonable doubt that the defendant possessed a firearm is rejected. There was testimony from multiple witnesses who heard a gunshot, corroborated by the timing and location of the victim’s injury as well as the spent ammunition casing found near the victim’s body, in addition to testimony an eye witness that defendant possessed a firearm. Admission of a medical examiner report and death certificate with testimony including testimonial statements of witnesses who did not testify at trial was error, but – because it was cumulative of other evidence – it was harmless. However, because (1) it was a violation of the Confrontation Clause to allow a detective to testify as to two identifications of the defendant as the shooter by non-testifying witnesses, (2) the prosecutor’s emphasis upon both this testimony and extra-record evidence of witness intimidation, (3) the refusal to allow the jury to review the testimony of a purported eyewitness as requested, and (4) the denial of counsel when considering the jury’s request, the convictions are reversed and a new trial grantedAttachment: Open Document or Opinion