ST. CROIX — A Superior Court room where Judge Douglas A. Brady presides was near capacity on Wednesday, with supporters of Alicia Hansen occupying the left side, and St. Croix Board of Elections members (absent from this group was Adelbert Bryan), Democrats, and others with no affiliation to either side sitting on the right.
The case, brought against the St. Croix Board by Mrs. Hansen, was to request a preliminary injunction asking the court to order the St. Croix board to place Mrs. Hansen back on the November General Election ballot, as the board had not made known why it had removed Mrs. Hansen and, importantly, had not given the candidate due process.
Attorney Lee Rohn, representing Mrs. Hansen, brought forth a powerful case against the defense. Bringing Mrs. Hansen to the stand, the attorney questioned the former senator on a myriad of topics, including when she registered to vote and the documents that were used, all in an effort to convince the court that the board had little reason to remove the candidate from the ballot.
Speaking under oath, Mrs. Hansen said when she visited the Superior Court in July to add “Chucky” as her official middle name, she was told that she had to sign her name as it was on her birth certificate, which is Alden Alicia Pickering. Mrs. Hansen said she told the court employee that Alden Alicia Pickering was not her name, but was told that she had to sign as if it were anyway.
Mrs. Hansen said she has never used another name aside from either Alicia Hansen or Alicia “Chucky” Hansen. When she registered to vote in 1972, Mrs. Hansen said she brought her birth certificate — which listed her as Alden Alicia Pickering — and her Social Security card, which included Alicia Hansen. A Social Security card does not identify someone as a U.S. Citizen, but the Board of Elections used the name found on the Social Security card and not the birth certificate.
In 2008, Mrs. Hansen reregistered at the Board of Elections, bringing her marriage license as proof, and a Virgin Islands Water and Power Authority bill as evidence of her residence. She did not bring her birth certificate, she said. When asked by defense attorney Erika Scott if she had her name as Alicia Hansen on some documents and as Alden Alicia Pickering on others, Mrs. Hansen said aside from her birth certificate, Alden Alicia Pickering should not be on any other document, “because I have not used it.”
Ms. Rohn also brought to the stand Esdel E. Hansen Sr., husband of Mrs. Hansen. Mr. Hansen said he first met his wife in 1971 when she came to visit his mother, and it was then that their relationship started. He said he would visit Mrs. Hansen in Puerto Rico often, where she lived with her adopted parents who also carried the last name Hansen. In 1976, he asked his then-fiance’s parents’ for her hand in marriage. When Mrs. Hansen’s adopted father died, her adopted mother moved to St. Croix to live with the Hansens. She later died and was buried at the Christiansted Cemetery, according to Mr. Hansen.
Mr. Hansen said for the decades that he’s known his wife and even before they were married, he’s only known her to be Alicia Hansen or Alicia “Chucky” Hansen.
Ms. Rohn, in building her case, said that the St. Croix board did not give Mrs. Hansen adequate notice that she was being removed from the ballot; never gave her an opportunity to present evidence as to why she should not be removed; was not given an opportunity to cure; and was never told the reasons why her name was banished from the ballot.
And the defense struggled to explain why she was removed; even if it was able to establish that Mrs. Hansen was notified of a Democratic Party challenge that alleged inconsistencies with her candidacy following revelation that her birth name was Alden Alicia Pickering. The board established that Mrs. Hansen was given three days notification that there was a challenge to her candidacy.
Strengthening the prosecution’s case, Elections Supervisor Caroline Fawkes — who had received a letter from St. Croix Board Administrative Assistant Terrell Alexander, on the behalf of board member Aldelbert Bryan, asking that Mrs. Hansen registration be cancelled because of the issues surrounding the legality of her name — said Mrs. Hansen was not given due process, which is required by Virgin Islands law. Ms. Fawkes later added that the law itself remains vague in describing due process.
In closing, contending that the board had provided no evidence that Mrs. Hansen’s name was deficient, the plaintiff’s attorneys argued that there was no law locally or in the U.S. that says someone can’t hold a name other than the one listed on their birth certificate, pointing to Alicia Hansen being recognized locally through her driver’s license, and by the federal government through her passport, which also says Alicia Hansen. Furthermore, the plaintiff’s lawyers argued, the Democratic Party cannot vote as an entity, so its argument should be void.
The plaintiff’s lawyers went on, stating that Alden Alicia Pickering, who became Alicia Hansen when she married her husband, is legal, because “no law says you have to use both [first] names. The code requires that you put your surname.”
Mrs. Hansen, following the hearing, said she felt “very good” about her odds, and highlighted what she said was a key point in the matter. “The judge made a good point, which is due process,” she said.
Ms. Rohn concurred, telling The Consortium that the board’s decision was “not fair.”
Lauretta Petersen, who filed the affidavit on behalf of the Democratic Party, said she had no comment. Department of Justice attorneys representing the board said the court should decide the outcome.
Judge Brady said he would rule on the matter by Friday.
Feature Image: Attorney Lee Rohn and Alicia Hansen embrace following a court hearing on Wednesday. (Credit: Ernice Gilbert, VIC)
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