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Nissman to step down after 28 years as a public servant
Officials, colleagues laud U.S. attorney as a dynamo who helped the territory
By LEE WILLIAMS
Thursday, August 12th 2004

Daily News File Photo by MICHAEL POTTER U.S. Attorney David Nissman at a press conference earlier this year.

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."

Nissman said he has recommended a potential successor to the White House, the V.I. Republican Party and the U.S. Justice Department, but he declined to release that person's name until the appointment process is complete.

He plans to leave office by Aug. 20, though that date could change.

"I will stay until I am satisfied the office will be protected and well-led," he said.

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 an 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.

"He looked like a computer nerd, but looks can be deceiving," she said. "I met with him. We talked. He was clearly not intimidated by anything. He was powerful, an excellent trial lawyer and an asset to the office."

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, Ore.

"It became apparent that Dave was at the head of the class of state prosecutors in Oregon," Atkinson said. "As a prosecutor he is brilliant, innovative and articulate. He was given the Lifetime Achievement Award by the Oregon District Attorneys Association."

Nissman has a book filled with that and other awards, including commendations from former U.S. attorneys general.

Once Nissman arrived in the territory, he encountered Pete Anderson, then head of Special Operations for the V.I. Police Department. Anderson now is resident agent-in-charge for the U.S. Interior Department Inspector General's Office on St. Croix.

"He's a unique prosecutor," Anderson said. "He brings legal knowledge, passion and zeal, in addition to empathy for the victims."

By 1990, Anderson was chief of detectives in the Police Department. Nissman was prosecuting Anderson's cases: murders, rapes and robberies.

"I call him Seabiscuit," Anderson said. "He's not very attractive. He doesn't look like a leading man, but - like Spider-man - he turns into a caped crime fighter when duty calls."

Anderson said Nissman is a methodical prosecutor who does his homework.

"He did a lot of really good murder cases," Anderson said.

Bob Burch, a retired investigator for the U.S. Nuclear Regulatory Commission, worked with Nissman for two years.

As with Anderson, Nissman became lifelong friends with Burch, who also voiced high regard for Nissman's courtroom skills.

"Professionally, I've worked with a lot of attorneys. He's the most diligent, fair and persistent. He's just a tremendous attorney," Burch said. "As a prosecutor, he extends no favors, but he extends justice for all. He's fair across the board. As an individual I've come to know well, I could ask for no closer friend than Dave Nissman."

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 a 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.

Years later, he authored "Proving Federal Crimes," which was selected by Amazon.com as one of the 10 best law books of the year.

Nissman's colleagues said that even with those added projects, he always has taken an active role in the office.

"He is very much a hands-on boss," said James Carroll, who has been with the U.S. Attorney's Office for 25 years.

"Having dealt with several U.S. attorneys, he's on top of things," Carroll said. "He's a nuts and bolts type of guy."

Community watchdog

Nissman said he believes a U.S. attorney's role is to analyze the community's needs and determine how effectively local prosecutors are dealing with crime. Then, to the extent that the federal system is able, the U.S. attorney should direct federal resources to address any problems, he said.

"I try to decide what's in the best interest of the community," he said. "What is best for the Virgin Islands does not necessarily mean what's best for the Virgin Islands government."

Nissman saw a need for prosecuting public corruption in the territory.

"The entire future of the Virgin Islands is at stake," Nissman said of those prosecutions. "If a public official is holding out for a bribe, and they don't get it, something really good for the community won't happen."

The most notable public corruption case brought by the U.S. Attorney's Office is the ongoing prosecution of five former government officials connected to Global Resources Management. The indictment charges bribery, conflict of interest, conspiracy, wire fraud and program fraud.

Nissman sees the Global Resources case as one of his most significant achievements.

"The public support that came about after the indictment in that case, when I think about it, it really touched my heart," he said.

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."

Kern believes public service is difficult in the territory.

"It's certainly not easy. Competence and outstanding service are punished," she said. "Mediocrity is rewarded."

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 of six years, 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."