Government of the Virgin Islands v. Warren P. Berry. Appeal of Warren Berry. Appeal of Guillermo Brignoni

I agree with the majority that the defendants’ convictions for kidnapping must be reversed, but write separately to express my views as to the reason reversal is required. I believe that it is unnecessary on this record to set up criteria by which the detention or asportation requirement of the kidnapping statute must be measured, because the critical element in this case is whether the defendants intended to commit any offense specified in the kidnapping statute. I am convinced that no such intent existed and I, therefore, would reverse the conviction for kidnapping.

The key facts of this…