[Congressional Record Volume 153, Number 25 (Friday, February 9, 2007)]
[Extensions of Remarks]
[Pages E309-E310]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    INTRODUCTION OF ``WITNESS SECURITY AND PROTECTION ACT OF 2007''

                                 ______
                                 

                        HON. ELIJAH E. CUMMINGS

                              of maryland

                    in the house of representatives

                       Thursday, February 8, 2007

  Mr. CUMMINGS. Madam Speaker, I rise today to reintroduce the 
``Witness Security and Protection Act of 2007,'' to attempt to provide 
protection for some of our Nation's bravest citizens.
  Last year, 38-year old John Dowery of East Baltimore, a murder 
witness, was shot and killed after having Thanksgiving dinner with his 
family.
  Two years ago, Baltimore Police Detective Thomas Newman was murdered 
following his testimony in a shooting trial.
  Three years ago, Edna McAbier of North Baltimore survived a series of 
violent attacks in apparent retaliation for her efforts to drive 
criminals out of her community.
  And in perhaps one of the most heartbreaking incidences: Four years 
ago, drug dealers in East Baltimore firebombed the Dawson family home 
in an attempt to silence them--killing mother, father, and their five 
young children.
  Make no mistake, Madam Speaker: Witness intimidation in Baltimore 
City is not dreamt up by producers of HBO's critically acclaimed drama 
``The Wire.'' The threat is real--and the reality is horrific.
  To be sure, criminals in Baltimore City produced their own DVD in 
2004 entitled ``Stop the Snitching.'' It depicts grotesque images of 
three bullet-ridden, bloody corpses accompanied by the phrase ``snitch 
prevention.''
  Sadly, my hometown of Baltimore is not the only community plagued by 
this horrific reality. The problem is pervasive.
  The National Institute of Justice finds that intimidation of victims 
and witnesses is a major problem for 51 percent of prosecutors in large 
jurisdictions (counties with populations greater than 250,000) and 43 
percent of prosecutors in small jurisdictions (counties with 
populations between 50,000 and 250,000).
  Further, prosecutors estimate that witness intimidation occurs in up 
to 75 to 100 percent of the violent crimes committed in some gang-
dominated neighborhoods.
  Violent retaliation against witnesses and informers threatens the 
very fabric of our criminal justice system. Known murders walk the 
streets every day because we lack the evidence necessary to bring them 
to justice.
  Thankfully, witness protection programs can provide law enforcement 
with an indispensable tool in combating crime and addressing witness 
intimidation.
  The Federal Witness Security Program, established in 1970 and 
administered by the Department of Justice, has successfully carried out 
its charge to protect witnesses testifying in extremely serious Federal 
cases.
  Under the program, the United States Marshals Service (USMS) provides 
witnesses and their families with long-term protection, relocation, new 
identities, housing, employment, medical treatment, and funds to cover 
their most essential needs.
  In over 30 years, not a single witness that followed security 
procedures was harmed while being protected by the program. More to the 
point, cases involving the testimony of the WSP participants have an 89 
percent conviction rate.
  In contrast, State witness protection programs are severely under-
funded and enjoy virtually no Federal support.
  While non-Federal witnesses can participate in the federal program 
under certain conditions, States are required to reimburse the Federal 
Government for the cost of providing such protection unless a waiver is 
granted.
  As a result, State and local prosecutors often must choose between 
funding investigations or funding costly, but necessary witness 
protection programs. This often leads to some jurisdictions providing 
no witness protection at all.
  No one wins when law enforcement officials are forced to make such 
choices.
  That is why I am reintroducing the ``Witness Security and Protection 
Act of 2007.'' Senator Chuck Schumer of New York has reintroduced a 
companion bill to this legislation in the Senate, S. 79. It also enjoys 
the support of the National District Attorneys Association.
  The ``Witness Security and Protection Act of 2007'' would establish 
within the USMS a Short-Term State Witness Protection Program tailored 
to meet the needs of witnesses testifying in State and local trials 
involving homicide, a serious violent felony or a serious drug offense.
  The Act would also authorize $90 million per year in competitive 
grants for the next 3 years. State and local district attorneys and the 
U.S. attorney for the District of Columbia, can use these funds to 
provide witness protection or pay the cost of enrolling their witnesses 
in the Short-Term State Witness Protection Program within the USMS.
  Grants under this legislation would only be awarded to prosecutors in 
States with high homicide rates to ensure we target those most in need 
of Federal support.
  Improving protection for State and local witnesses will move us one 
step closer toward alleviating the fears of and threats to prospective 
witnesses, and help to safeguard our communities from violence.
  While we cannot bring back all those who suffered in the face of 
witness intimidation, we can honor their sacrifice by trying to prevent 
future tragedies.

[[Page E310]]

  I urge my colleagues to join me in taking that critical step by 
cosponsoring the ``Witness Security and Protection Act of 2007.''

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