THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Monday, November 6, 1995 TAG: 9511060085
SECTION: FRONT PAGE: A5 EDITION: FINAL
SOURCE: BY LYNN WALTZ, JON FRANK AND ANGELITA PLEMMER, STAFF WRITERS
LENGTH: Long : 104 lines
They slowly drive by your house late at night. They sit outside the school watching as your kids get out. They call you on the phone, making veiled threats against your wife.
Sometimes the subtle threats escalate - to drive-by shootings, beatings or murder.
It's witness intimidation. Scaring a witness to a crime so badly he fears testifying in court. And it works.
``They're always standing in the shadows,'' Portsmouth Commonwealth's Attorney Martin Bullock said, ``making their presence known.''
In Portsmouth, with the most violent crimes per capita in Hampton Roads, witness intimidation is so rampant many witnesses never come forward at all.
``People are scared,'' said Police Chief Dennis A. Mook.
In the close-knit communities, where police and residents know who the criminals are, only four of 10 murderers are brought to justice.
Knowing who did it is one thing. Successful prosecution is another.
Witness intimidation is not the only reason for low solution rates to violent crimes in Portsmouth, but is part of a bigger breakdown in the state justice system in the city, federal authorities say.
Still, intimidation undercuts the critical first step - gathering evidence and witnesses to put together a case.
If witnesses won't testify and cases are weak, judges have to dismiss charges or release defendants on bond. If criminals are quickly back on the streets, that intimidates witnesses.
A newly formed FBI Violence Task Force is targeting the worst criminal element in Portsmouth, hoping to remove its members to the federal system, where they won't be back out on the street to intimidate.
And prosecutors and police are beginning to work together to provide a comprehensive plan for witness security, including funding temporary witness relocation.
Justice Department studies show that Portsmouth fits the profile of high intimidation areas: It has a closed geography, violence is prevalent in poor areas or public housing and crack cocaine sales are high. Often, such communities are close-knit and have a deep-seated distrust of law enforcement.
The intimidator is most likely to be the defendant. When intimidation works and their cases dismissed, intimidators become more bold and even more violent. Eventually, entire communities live under an umbrella of fear that discourages even casual cooperation with police.
Mook said numerous investigations have been derailed. One witness last summer told detectives he'd cooperate, but wouldn't testify. ``The last time I did that, I got shot,'' the man said.
In another robbery, assault and murder, all witnesses were juveniles, said investigator Leroy Reynolds. The case evaporated when the mother of one flatly told police, ``You ain't talking to my child. My child will not be protected by the system.''
If witnesses do come forward, the most dangerous time is between arrest and trial. The second most dangerous time is during the trial itself.
Bullock has proposed using special grand juries to eliminate witness vulnerability at public preliminary hearings in state court.
But in state court, where cases are slow to come to trial - and Portsmouth is the slowest in the state - witness vulnerability can stretch from months to years. Also, easy bail, long waiting periods before trials and high dismissal rates can feed intimidation.
``There is clearly a problem with the state system and it's revolving door policy that contributes to cases of intimidation,'' said Larry Torrence, agent in charge of the Norfolk FBI office.
Using the power of the federal courts - where bail is difficult, trials speedy and sentences harsh - Torrence hopes to make a quick impact on intimidation. There are federal statutes that can be applied to drive-by shootings, gun charges and drug conspiracy charges.
Just the threat of federal involvement has slowed Portsmouth criminals down in recent weeks, Torrence said. ``People are terrified of the federal system,'' said Mook. ``You get arrested and you don't get out.''
The federal witness protection program will be made available in extreme cases, Torrence said. But even in the state system, if witnesses are relocated temporarily and their new addresses kept secret, they are almost always safe. It is rare for intimidators to leave their communities to follow a witness, federal studies show.
Still, witnesses are reluctant to leave their homes. Few want to do so permanently.
``It's a substantial inconvenience,'' said Chesapeake Commonwealth's Attorney David Williams. ``Who wants to move? . . . if the choice is be quiet, stay where you are and be left alone . . . that's a big trade-off. What about your job, what about your friends, what about your family?''
Studies show witness relocation has to be part of a more comprehensive plan.
Studies have shown that judges must enforce high bail, discourage trial postponements and support court security measures such as separating waiting areas for defendants and witnesses.
Police must help improve community trust by putting minority officers on the streets and starting community policing programs with cops walking a beat - an expensive proposition for a poorly funded department.
Ultimately, to break the cycle, the community must be willing to take a risk.
``We know who did every one of these homicides,'' said Chief Mook. ``But we have been stopped dead in our tracks by people who say, `I'll tell you what you want to know. But I'm not going to court.' And that is particular to the type of homicides we are dealing with . . . in the drug subculture.'' by CNB