My name is Jeffrey Plante. I am 58 years old. I am an American citizen. I am now living in the British Virgin Islands.

On 11th October last year I was in the British Virgin Islands. I was arrested on that day. I was eventually remanded in custody. I stayed at Her Majesty's Prison in Balsam Ghut during my remand. I was at Her Majesty's Prison until June 30th, 2000. I was convicted for an offense here in the B.V.I. I was convicted for overstaying the time on my visa. Apart from that there was another charge against me here in the B.V.I. That case was dismissed. I have a felony conviction in the United States. I was involved as a part owner of a Savings & Loan. During that time I was charged with theft. I was sentenced for that offense to a period of imprisonment of 45 years. I served 5 years. I am currently on parole for that charge. I am currently in violation of the terms of that parole — for not reporting. I have not been able to report because I was incarcerated here.

I see the accused men in the dock. I know them all. I met them at her Majesty's Prison. I was in a cell at HMP from my arrest. I was there alone and then towards the end of January I shared a cell with Mr. Labrador. I see Mr. Labrador in court; he is wearing the red pants. I know why I was sharing a cell with Mr. Labrador. I was present in the area and I was told something by the prison officials.

There were constant arguments and disagreements between Mr. Labrador and Mr. Benedetto. Primarily, the arguments were about who had more guilt in the crime they were charged with. I only witnessed verbal arguments. The man I call Benedetto is sitting beside the gentleman in the red pants (points to Benedetto). When the four gentlemen came to HMP Mr. Spicer and Mr. George shared a cell and Mr. Benedetto and Mr. Labrador shared a cell. I see the man I call Spicer in court next to Evan George. He is in the tan blazer. I was in a cell alone at this time. When I heard these arguments between Labrador/Benedetto, they were in their cell and they were outside when there was recreation. I was able to hear them when they were in the cell because it is a very closed area. The remand area is extremely small, maybe about 25 feet. There was a lot of hollering and yelling in the remand area. Mr. Benedetto and Mr. Labrador were hollering and yelling. Mr. Benedetto would accuse Mr. Labrador of having complicity in the crime they were charged with and constantly reminding Mr. Labrador that he did not have any kind of an alibi. In response Mr. Labrador would scream at the top of his lungs back at Mr. Benedetto. He has a volatile temper. I don't remember the exact words, but it was generally who had more guilt, more complicity and more involvement. A time came when my cell arrangements changed. The new arrangement was that Mr. Benedetto was moved out of the cell with Mr. Labrador to where I was and I moved in with Mr. Labrador. Prior to the change in the living arrangements there was a major argument between Mr. Benedetto and Mr. Labrador. My charge here was dismissed on June 30th. I started sharing a cell with Labrador near the end of January. I believe it was the 25th January. Between 25th January and when my case was dismissed there was no change in the living arrangements whereby Mr. Labrador and I shared a cell.

On a normal day at HMP, for the first 4 or 5 months that we were together in the cell we spent 23 hours a day together 7 days a week. That other hour in the day would be used for showering and what little recreation we could get. After the first 4-5 months they allowed us out for approximately 3 hours a day (including shower time). About one hour was designated outside time (recreation area) and two hours inside time — which included the shower. During those times in my opinion there was imperical [sic] trust between us which developed over months. We spoke all the time during this period. We talked about Mr. Labrador's strategy. Strategy included attorneys, it included separation — he felt that he was the only one who had no circumstantial evidence and the others did. He felt that separation from the other three men charged would exonerate him.

The discussion around attorneys centered around problems he had with Mr. Farara. He felt that Mr. Farara believed he was involved and/or Mr. Farara would not seek information to substantiate his alibi. We also spoke of the press. Mr. Labrador set forth on a mission to get the press, U.S. and others, to bring pressure on the B.V.I. in hopes that that would help in obtaining his release. He probably spent 3-4 hours a day writing faxes and letters to different members of the press. He had a website set up by a friend of his for the specific purpose of telling people his situation here as well as he had numerous disposable cameras brought to him. He had taken pictures of the facilities, inmates and prison guards, which he sent out through various sources. Some of the pictures I understand were to be put on the website.

I also had further discussion relevant to this matter. At the point where he felt he had sufficient press coverage and he felt that Mr. Farara was not complying with his requests — I knew how he felt because he told me — he fired Mr. Farara and hired Dr. Gonsalves. We talked endlessly about those specific things. He would ask for my suggestion [and] we would banter back and forth. His mother was intimately involved with Mr. Labrador's case and was down here quite often. I had a number of discussions with Mrs. Labrador about money. Mrs. Labrador took a wire from me for $50,000 to be put in an account that I would have access to. Subsequently to that Mr. Labrador asked me if I would loan him $25,000.00 to help pay his attorney. At that point Mrs. Labrador had a number of wire transfers made up and brought them to me for me to sign. I explained to Mr. Labrador that I would consider his request but I told him that I could not understand if he was innocent why he wanted to hire such a high profile attorney. Mr. Labrador is persistent and badgered me for this money. Because of conversations with the other defendants I did not feel comfortable.

I am Roman Catholic. Mr. Labrador is also Roman Catholic. I like to consider myself a good Roman Catholic. I pray often and had a lot of material in the cell. A few days prior to Good Friday during Lent I was praying and Mr. Labrador asked me whether I felt if God would forgive him if he was involved with killing someone. My answer was that I know a priest here in Road Town, Father Peters, and I would introduce them because I was not comfortable answering that question. I asked Mr. Labrador specifically if he had anything to do with Ms. McMillen's death. His answer was yes. I asked him what happened. He said that they were driving and that they were arguing. That she attempted to pull into a Police Station and he prevented that and that the argument got heated and out of control. I asked him what happened to the girl and he said she was drowned; that I [Labrador] had my foot on her neck. I asked him why. He said that it was over money and that she was no good.

I also spoke to the other men at HMP quite often. There were discussions in relation to this case. [Labrador] said that after the young lady was drowned, he said that the Jeep was taken to the ferry landing and that a trail or path was taken back to Belmont, which took about 45 minutes. I have had discussions with the other [defendants]. In the first part of May, Mr. George had been moved out of Mr. Spicer's cell. I was talking to Mr. George during the recreation period. I was outside talking to him through the bars of his cell. Mr. George told me that he and Mr. Spicer and Mr. Benedetto on the night of the murder had consumed a lot of drugs. They came home. Mr. George said that he had found Mr. Labrador fully clothed on his bed (Mr. Labrador's bed) with wet shoes. He said he — Mr. George — went outside and was sitting, trying to clear his head and that he heard a car drive up. Shortly thereafter he said Mr. Benedetto and Mr. Labrador left the house. He heard the car drive away but did not know who it was because he did not see the car. Mr. Spicer and Mr. George are lovers. They were living together for almost three months. At the time Mr. George spoke to me he was not sharing cell with Mr. Spicer.

Before the time when he left Mr. Spicer's cell I was included [in] a number of conversations with Mr. George and Mr. Benedetto and Mr. Spicer and Mr. Labrador. Sometime the conversation took place with all of them. Sometimes with two of three of them above. Apart from when we all together Mr. George would start to speak to me about this matter. He would start a conversation about different facts and issues about himself, or about himself and Mr. Spicer or about the case, and Mr. Spicer would threaten and cajole him to keep his mouth shout and he would stop. There were a number of occasions where Mr. Labrador initiated what could be referred to as mock trials in the remand area. I also spoke to Mr. Spicer about this matter. On one occasion Mr. Spicer, Mr. George and Mr. Benedetto were outside during recreation and they were discussing a local cab driver name "Cello" [David M. Blyden, also known as "Sallo," is a cab driver]. Mr. Spicer had said that Cello had sold them all the drugs that they were taking while they were here. He said that he hoped that Mr. Cello had been given enough money to either disappear or leave the island. Mr. Benedetto added that he felt that Cello had gone. Left.

On another occasion Mr. Spicer had asked me how he should get more money to Mr. Cello while in prison. Mr. Spicer said that he had received a message from Mr. Cello that he wanted more money. Mr. Benedetto, Mr. Spicer and Mr. George said (by this time Mr. Labrador had separated himself) that Cello had made an agreement with them to leave. The mentioned to me that there was evidence that there were 21 phone calls made to Cello on the morning of the murder. I believe it was Mr. Benedetto who said this. On one occasion I was asked by Mr. Benedetto (when Mr. Benedetto was living with Mr. Spicer; Mr. George at the time was with a Venezuelan gentleman) Mr. Spicer was present at this time. Mr. Benedetto had asked me what the ramification were of gay rage. I believe Mr. Labrador had showed me some press articles that referred to the possibility of something called gay rage. While the conversation was taking place with Benedetto and Spicer, Mr. Labrador started yelling at Mr. Benedetto and Mr. Benedetto started yelling at Mr. Labrador. Mr. Labrador was telling Mr. Benedetto to keep his mouth shut. Mr. Benedetto said in response that Mr. Labrador had had the girl up at the house that night. Mr. Benedetto said that to Mr. Labrador.

I gave the police statements. There is a guard there at the prison who is an ex-policeman. I spoke to him and as a result someone visited me. Inspector James visited me. The meeting with Inspector James was after the conversation I had before Good Friday with Mr. Labrador. Inspector James did not ask me to ask Mr. Labrador any questions. No persons in the constabulary or prosecution asked me to ask Mr. Labrador any questions.

Apart from arrangements for my security I have not been promised anything to give this evidence. I had a matter which was dismissed before this court. [In response to question:] Absolutely not. The dismissal of that matter had nothing to do with my giving evidence in this case.

[In response to questions on cross examination by Dr. Ralph Gonsalves, attorney for William Labrador. The questions were not included in the transcript of the deposition]

I have an account in Cayman Islands. I have a trustee who handles my family business and the account is in his name. It is for my sole benefit. The name of the trustee is Edward Garvey. In the B.V.I. only Lewis Hunte of Harney Westwood knew that.

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Yes, I did give someone in the BVI a letter (if a letter means a document wire transfer) to draw money on the account of Jeffrey Plante in the Cayman Islands. Now, you can only access the account in Cayman through my trustee. I don't know from exactly what time this was so it was done through the Chase Financial and my family attorney. I found out about this but not until well after it was done. I honestly do not know the date. Now that I am out I will have an opportunity to check the date.

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There was a case against me which was dismissed since June 30th. I was being remanded every 7 days on this particular charge from November 1999 to June 30th 2000. On June 30th when this came up I don't know exactly what happened — I have a hearing problem but it was dismissed. When the case was called no one came up to give evidence and the case was dismissed. I heard the part when the Magistrate said that the matter was dismissed.

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I believe I made the first statement to police on May 11th and the second, I believe on June 3rd and one after I left.

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In November I was charged with not having the permission by my wife to use credit cards.

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The only charge that I am aware of was in the form of a letter my attorney Francis Bell wrote to a judge in Dallas. The charge specifically said not having the permission to use my wife's credit card.

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I was sentenced to 45 years in Texas.

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The terms of my parole is that I must report to the parole office — it was once a month for a while and it is annually now.

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Since the charge has been dropped against me in June I have not yet gone back to the United States. I personally have not obtained permission from the Immigration authorities to remain in the territory. I am under the Magistrate's order to be here until the conclusion of this case.

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The police have lost my passport. I am in the process of obtaining a new passport through the U.S. Embassy.

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The Magistrate made an order for me to stay here. So far primarily I am paying for my own expenses.

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I disagree — my testimony is not a fabrication.

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When the charge before the Magistrate Court was terminated I did not hear much of what was going on because I have a hearing problem.

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The attorneys were sitting at the bar table I was sitting in the dock.

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I would be sitting about 5 yards from the bar table.

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I have had this hearing problem for about 10 years.

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In the case of Mr. Labrador most of our conversations were 3 feet apart; I clearly understood him.

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I also spoke of things I overheard at Balsam Ghut; of things being shouted in the yard. ***

I do not agree that my testimony in this regard is false.

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I disagree that there was no argument between Benedetto and Labrador which resulted in their being put in different cells.

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The charges against me were terminated on 30th June 2000. Up until that time I was in custody.

[Re-Direct By Prosecutor]

I was having difficulty hearing because you gentlemen up here speak very quietly. I have asked the Magistrate for clarification on many occasions as I could not hear.

[Further cross-examination on August 2. Again, the transcript omitted questions posed to Plante.]

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Jeffrey D. Plante — the D is spelt "Delaval." I was born in 1941.

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I said that I had conviction for theft regarding a Savings and Loan matter.

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This was not the first conviction.

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The first felony conviction was appealed and overturned. It was on that matter that I was re-tried and sentenced to 45 years. The charge arose out of a savings and loans issue. I was one of the owners of an Savings and loans. I was also a Real Estate Developer and a General Contractor. 423 persons were charged. I was one of those people. The issue was whether or not there were valid appraisals to support the loan portfolio of numerous banks. I would not say that people lost the money through acts of dishonesty. This conviction I believe was in 1985. I was charged with theft over $10,000 I don't recall whether it related to Mexican adobe tiles.

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I was president of Trinicon Incorporated. The case Dr. Gonsalves is referring to occurred in 1982, it was appealed and won. The appeal was taken to the 5th District; it was not re- instated. Eventually the appeal was won. I don't remember the particulars of the charge.

(Gonsalves puts particulars of charge to witness with regard to Mexican Tiles.)

I have had said all along that I remember the charge — I don't remember the particulars; it was over 20 years ago. I am not agreeing that I have connections with regard to Mexican Adobe tiles.

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Re the Dallas Herald, I do not recall any specific charges regarding any newspaper. It was part of the same case.

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( Did you plead guilty to a third degree felony charge in Texas in 1987.)

I recall this. I plead guilty to that charge I was sentence to 7 years. It was part of the same case for which I served 45 years. In that case I did have a past conviction. I am aware of another conviction in 1987 it is part of the same matter.

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In 1993 — I was not convicted of anything. I did not plead guilty as far as I recall I was not found guilty. I believe that I did not contest it. Once again it is part of the original 7 year case in Texas.

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I don't remember that I have a conviction for that offense. It was ancillary to the main case. I was at the time incarcerated.

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I am aware of the offense of perjury.

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The restitution was paid by me. It has been paid in full. The restitution was reduced to $1,200 and was paid. It arose out of the same set of circumstances. There were also some misdemeanor convictions for corporate checks. I think there were 3 brought against me. I became responsible for the corporation but I believe I was charged personally.

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I don't recall exactly how many other offenses there were. I accept the responsibility for things that happened in the past. I did not leave Texas without knowledge of a parole officer. If I go back I will not be serving the balance of my term.