Justice Prevailed

March 23, 2011 Justice Prevailed, St. Thomas, USVI

This morning, we experienced an event that most visitors to the US Virgin Islands are spared; a morning in Federal Court, to defend a citation we received for illegal anchoring in Hurricane Hole, on the south shore of the St. John National Park.

We certainly would not have anchored there had we known it was illegal. No restrictions were indicated on either our electronic Maptech charts, NOAA charts or our Virgin Island Cruise Guide, and there were no buoys or signs posted anywhere in the area. In fact, there were two other vessels anchored in the same area. The law enforcement Parks Ranger was not interested in any explanation, only issuing a $275 citation! Those of you who know Captain Kaos, will know that this certainly did not sit well with him, nor in our opinion was it reasonable. Following several phone calls, and being shuffled to many National Parks departments, we were eventually given a number to contact the Court Clerk in Charlotte Amalie on St. Thomas. Lydia was professional, courteous and very helpful in expediting a court date, so as not to delay our departure for Puerto Rico and the commencement of our long voyage back home to Florida.

We consulted a local lawyer, who wanted $300 for a phone consult and $800 - $1,000 to represent us. Alan opted to take his chances on defending himself and spent the next few days gathering facts and information from many sources and building his defense.

We arrived at the court house for our 9:30 appointment with Judge Miller, and due to schedule conflicts with lawyers and other courts, the docket got shuffled around and our case was not heard until about 11:30. As we sat through some of the prior cases, it quickly became evident that Judge Miller was a very knowledgeable, diligent, and understanding human being, we felt confident that she would be fair and unbiased.

Our expectation was that we would have a five or ten minute audience with the Judge and present our situation and facts and she would rule….wrong!!. It was just like you see on TV. The District Attorney outlined his case and called Ranger Smith to testify. Alan then had the opportunity to cross examine him, followed by Alan testifying on the stand and being cross examined by the DA. Court process and procedures are not something that we are familiar with, and thankfully Judge Miller guided Alan through this; on occasion suggesting how he might want to phrase a particular question. She acted almost as our lawyer.

After almost 90 minutes and Alan’s presenting numerous documents, regulations, copies of maps and charts etc. into evidence, it was time for summation by both sides.

The Judge disagreed with the DA, stating that he had not proved his argument and the case dismissed. She suggested that the Park consider signage to inform boaters of the anchoring restriction, and advised Alan that the US Virgin Island Parks are governed under their own particular guidelines, which he should become more familiar with. Upon conclusion, the DA shook Alan’s hand and said “you sure that you are not a lawyer?”

Whew! No fine, the wine budget remains intact for another month.

As we departed the court house, we stopped at security to retrieve our cell phones and the security lady asked how we made out. She had been on duty at the court room entrance for a while and said Alan was doing well when she left.

All the locals that we encountered in the court were very courteous, professional and friendly.

We celebrated success with a nice lunch and walk through the colorful historic waterfront of Charlotte Amalie.