[Congressional Record (Bound Edition), Volume 153 (2007), Part 17]
[House]
[Pages 24379-24380]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   FREQUENCY OF WITNESS INTIMIDATION

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Maryland (Mr. Cummings) is recognized for 5 minutes.
  Mr. CUMMINGS. Mr. Speaker, this evening I will continue my discussion 
on a growing and often deadly plague on our society, witness 
intimidation.
  Each day, there is a story reported about civic-minded citizens being 
threatened with violence or becoming victims of fire bombings or 
shootings, all of which are designed to prevent them from testifying to 
crimes that they have witnessed.
  Unfortunately, these tactics are working to form what has become 
commonly known as a ``conspiracy of silence.'' Witnesses are literally 
afraid for their lives. If you do not believe me, listen to these 
recent reports: In Newark, New Jersey, for 2 years Reginald Roe was the 
star and sole witness that prosecutors were relying on in a case 
involving an ambush gang killing in a

[[Page 24380]]

parking lot there. Having picked 2 men's pictures out of a photo array 
and sworn before a grand jury, he said: ``I saw everything, I was 
there.''
  But when the case came to trial, with a group of gang members glaring 
at him in open court, Roe changed his story, testifying that he had 
heard the shots, but never saw who fired them. The 2 suspects were 
acquitted.
  In Philadelphia, as the culture of fear continues to deter witnesses 
from coming forward, a Federal grand jury accused a drug dealer and his 
girlfriend of conspiring to intimidate a government witness by having 
the witness's neighborhood plastered with flyers labeling him ``a rat 
and a snitch.''
  In Parachute, Colorado, Garfield County deputies arrested 5 teenagers 
they believed threatened to beat someone with a baseball bat who 
planned to testify against them.
  In my hometown of Baltimore, a 16-year-old witness in the case of the 
murder of 15-year-old Christine Richardson was moved from the city by 
relatives due to mounting threats. Indeed, the teenager was beaten the 
day after the murder occurred and was threatened by 3 girls, 1 of whom 
brandished a gun.
  Mr. Speaker, the current situation is simply unacceptable. We should 
be making it easier for witnesses of crime to come forward. It should 
be the norm, rather than an odd occurrence, for criminals to be 
prosecuted. This issue must be addressed because without witnesses, 
there can be no justice in America.
  Some success stories do exist. On August 31, Baltimore City State's 
Attorney Patricia Jessamy was able to get a witness to testify, which 
helped secure the conviction of 39-year-old Joseph Brinkley on 2 counts 
of attempted first-degree murder and handgun charges. In November of 
2005, Brinkley approached 2 men as they hailed a cab and shot them in 
the back multiple times with a 9 millimeter semi-automatic handgun. The 
victim originally told detectives that he did not see the shooter, but 
recanted his statement after Brinkley approach him and his 9-year-old 
son.
  Unfortunately, such bravery is rare. Our constituents must know that 
taking an interest in their community and reporting crime is the right 
thing to do and that the government will do everything possible to 
ensure their safety.
  This is why I urge my colleagues to become a cosponsor of H.R. 933, 
the Witness Security and Protection Act of 2007, and to support its 
passage when it comes to the House floor. Upon enactment, this 
legislation authorizes $90 million a year over the next 3 years to 
assist State and local law enforcement for witness protection while 
fostering Federal, State, and local partnerships. Priority will be 
given to prosecuting offices in States with an average of at least 100 
murders during the immediate past 5 years; however, smaller entities 
also have a chance to receive funding.
  State and local prosecutors will also be able to use these funds to 
provide witness protection on their own or to pay the cost of enrolling 
their witnesses in the short-term State witness protection program to 
be created within the U.S. Marshal Service.
  Mr. Speaker, finally, 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 safe guard our 
communities from violence.

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