Nissman to Step Down, by Lee Williams

The Virgin Island Daily News, cover story August 12, 2004

ST. THOMAS - U.S. Attorney David Nissman, the top federal law enforcement official in the Virgin Islands, will retire later this month after 28 years of public service as a state and federal prosecutor. He leaves with an enviable record, having lost only two jury trials in the last 12 years. Nissman plans to remain on St. Croix and work in the private sector. "I am very interested in developing St. Croix in a positive way," he said. "In this community, we need to get the private sector to lead us in terms of economic development." Public officials, colleagues and friends all credit the 51-year-old former street crime prosecutor with using a combination of exceptional courtroom skills, dedication to the community and hard work to make the territory a better place during his tenure. "He is a shining light," said V.I. Inspector General Steven van Beverhoudt. "He was the first U.S. attorney who has been aggressive in addressing white-collar crime." Sen. Lorraine Berry, who chairs the V.I. Legislature's Public Safety, Judiciary, Homeland Security and Justice Committee, said, "I will miss him as an ally in the war on crime and public corruption."

LEGAL EAGLE

President Bush appointed Nissman as the territory's 19th U.S. attorney on April 18, 2002. Nissman had worked in the territory's U.S. Attorney's Office since 1987, after serving as a state prosecutor in the Pacific Northwest. "I found him in Oregon, and I hired him," recalled Terry Halpern, who served as the local U.S. attorney from 1986 to 1993. "I was looking for a street-crime prosecutor because, at that time, it was cowboys and Indians here," she said. Halpern was having a hard time retaining

 

 

 

 

 

 

 

 

      
         

 

lawyers on her staff during the mid-1980s. "They were intimidated by the street crime," she said. "They weren't staying." Halpern vividly recalls her first meeting with Nissman.

David Atkinson has known Nissman for 28 years. They started out as state prosecutors in Eugene, Ore., and later worked together in the U.S. Attorney's Office on St. Croix. Atkinson is now an assistant U.S. attorney in Portland, Oregon.

 

 

 

BEYOND THE CALL

In 1989, the U.S. Attorney's Office on St. Croix was firebombed. Nissman ran inside the burning building to retrieve computer files, a decision he now attributes to having "no common sense." Just before the bombing, he had developed a computer-assisted case-tracking system to enable prosecutors to better coordinate their criminal cases. The switch from a paper-based system had taken months of hard work. "After we had gone through all of that, I wasn't going to let that database burn up," he said. During the aftermath of Hurricane Hugo that same year, Nissman used a ham radio to communicate with the U.S. Justice Department and the White House. As a result, the federal government sent troops, FBI agents and the U.S. Marshal's Special Operations Group to restore security and safety. In 1995, Nissman became the publisher for the U.S. Justice Department and moved to Washington, D.C., for a year. There, he published more than 15 books for the Justice Department, created an electronic library system and restructured the national magazine U.S. Attorneys' Bulletin. He returned to St. Croix in 1996 but continued his work as publisher for the Justice Department.

 

 

 

 

 

 

 

 

HIGH REGARD

Iris Kern, executive director of The Safety Zone on St. John, does not want Nissman to retire. "I think his leaving is most unfortunate," she said. "He has been a real leader in the position and has been more aggressive than many before him. We've needed that." Government House spokesman James O'Bryan Jr. said Nissman pursued a good standard of law enforcement and prosecution. "He made an effort to work in conjunction with the Virgin Islands Police Department and to fulfill the obligation he was sworn to uphold." Amos Carty, president of the V.I. Bar Association, said every comment he has heard about Nissman has been positive, including remarks from the defense bar. "He is keenly interested in the economic development of the territory," Carty said. "I've found him to be a very articulate, very studied and prepared individual. He's brought a good voice and opinion to whatever discussion we were having."

Paul Gimenez, former V.I. solicitor general and former chief legal counsel to Gov. Charles Turnbull, considers Nissman the quintessential public servant. "He believes in doing the right thing in the best interest of the people, pursues righteous causes zealously and never loses sight of the fact that the first duty of a prosecutor is to do justice," Gimenez said. "He is the most enthusiastic and hardworking lawyer I have ever met."

FAMILY TIME

Under the load of the heavy responsibilities of the U.S. Attorney's Office, Nissman has spent untold hours away from his wife and children. His wife, Carolina Zapata Nissman, looks forward to her husband's retirement. "In some ways I am happy he is going to retire, but I am also sad because I know he loves his job," she said. "Sometimes he comes home, but he's always thinking about what to do." "He is wonderful, the best husband, father, person I have ever met," she said. Nissman said, "My oldest son, a budding journalist, said, 'Dad, I never see you anymore.' I look forward to having more time and energy for my family." 

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