Specter: Threatening witness should be federal crime

January 09, 2010|By Nancy Phillips, Craig R. McCoy, and Troy Graham, Inquirer Staff Writers
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  • U.S. Sen. Arlen Specter (left) convenes a Senate hearing on witness intimidation with (from left) Phila. lawyer Michael Coard; Ted Canada and Barbara Clowden, parents of murder victims; and professsor Richard L. Frei.
  • U.S. Sen. Arlen Specter (left) convenes a Senate hearing on witness intimidation with (from left) Phila. lawyer Michael Coard; Ted Canada and Barbara Clowden, parents of murder victims; and professsor Richard L. Frei.
  • Rep. Joe Sestak greets defense lawyer Robert Walsh (left) at a forum on court issues. With them (far side of table): Widener professor Jules Epstein (left); Temple professor John Goldkamp.
  • Barbara Clowden talked about the death of her son, slain days before he was to testify, at the hearing called by Sen. Specter.
  • Sestak with Temple's John Goldkamp (left) at the forum on issues in the court system.
  • U.S. Rep. Joe Sestak held a community forum.

Calling witness intimidation "a gigantic problem" in Philadelphia, U.S. Sen. Arlen Specter said yesterday that he would support legislation to make it a federal crime when threats are made in cases prosecuted in local court.

When serious crimes go unpunished because of the loss of a witness, "that's a total breakdown of the rule of law, and it's appropriate for the federal government to come and help out," said Specter, who convened a Senate subcommittee hearing on the subject at the National Constitution Center.

Specter, a Pennsylvania Democrat who is up for reelection this year, called the hearing in response to a series of stories in The Inquirer that highlighted problems in the city's troubled courts.

Story continues below.

Later yesterday, U.S. Rep. Joe Sestak, who is challenging Specter for the Senate nomination in the Democratic primary, held a competing community forum on the same issues.

Sestak read excerpts from The Inquirer series to the audience, and said the findings were disturbing and the problems systemic.

"No one is singularly at fault here. We all are," he said. "We have neglected our cities for far too long."

The Inquirer stories documented a criminal justice system in crisis, beset by the nation's lowest felony conviction rate, a massive number of fugitives, and an epidemic of witness intimidation.

At the two sessions, witnesses said problems in the city's criminal justice system were deep-rooted and severe - and would take the participation of many players to fix.

Robert Welsh, a defense lawyer and former federal prosecutor, said defense lawyers, prosecutors and judges would have to find common ground as they searched for solutions, perhaps by changing laws or rules of criminal procedure.

"I assure you, everybody has the same thing to say about this, and that's 'the system is broken,' " he said.

John Goldkamp, a criminologist and professor at Temple University, said the issues highlighted by The Inquirer were "symptoms of dysfunction."

The newspaper reported that criminal cases routinely collapse because witnesses have been frightened or harmed.

Prosecutors, judges and defense lawyers told the newspaper that witness recantations had become the norm in city courtrooms.

"If law enforcement breaks down because of some misguided notion of not being a snitch, something has to be done," Specter said.

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