Whitaker's prison start pushed to July for urgent spleen surgery

Federal Judge Mark Kearney has postponed the prison surrender date for David Whitaker, a 51-year-old former V.I. government contractor, from January 2 to July 2 to allow completion of medical treatment for an enlarged spleen.

Whitaker was convicted in the corruption case involving former V.I. Police Commissioner Ray Martinez. He pleaded guilty in September 2024 to bribery and two counts of wire fraud, and in June received a sentence of 22 months in prison plus three years of supervised release, with the first six months on home confinement.

Defense attorney David Cattie submitted the postponement request on Friday. Neither prosecutors nor the probation office objected to the extension. The motion cited the need for surgical consultation and ongoing treatment for the spleen condition, which carries risk of rupture and life-threatening bleeding requiring immediate emergency surgery access, according to court filings.

Cattie initially sought to redact sensitive medical and investigative information from the court documents. Kearney agreed to most redactions but refused to remove a reference to a prior sexual assault. The judge ordered that the phrase "when he was raped" remain visible in the public record, appearing in a letter from Whitaker's physician explaining the necessity for months of medical care.

Whitaker testified against Martinez, Jenifer O'Neal, and Calvert White at their 2025 trials. All three were convicted and sentenced to prison.

Whitaker disclosed that the assault occurred 25 years earlier while he was incarcerated in Texas. He stated he consulted with his attorney before the documents were filed and understood the judge retained authority to decide what information would be disclosed. "There was a real fear by me and my medical team that I would die in custody," Whitaker said. "I do appreciate the court considering it."

Whitaker's criminal record extends to 1997 and includes convictions for bank fraud and check forgery. A 2008 scheme defrauded victims of over nine million dollars. He subsequently served a reduced five-year sentence in Rhode Island after participating in a federal undercover investigation that led to a 500 million dollar settlement with Google.

In his order, Kearney stated he was "balancing the public right of access to the judicial records with the Defendants' unopposed medical concerns."