Specter introduces bill on witness intimidation

February 24, 2010|By Nancy Phillips and Craig R. McCoy, Inquirer Staff Writers
  • Sen. Arlen Specter said intimidation was "pervasive."

Saying witness intimidation threatens the administration of justice at the most basic level, Sen. Arlen Specter yesterday introduced legislation to make it a federal crime to threaten, harm, or kill a witness in a local criminal case and to provide tough new penalties.

Specter said he was reacting to an Inquirer series that found witness fear to be a factor in virtually every violent-crime prosecution in Philadelphia.

"Unless witnesses can be assured they will be protected, the problem of witness intimidation cannot be expected to go away," Specter, a former Philadelphia district attorney, said yesterday on the Senate floor.

He read aloud portions of "Justice: Delayed, Dismissed, Denied," the newspaper's Dec. 13-16 series on the city's troubled court system.

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The stories documented conviction rates that are among the lowest in the nation and described how thousands of cases collapse after reluctant or terrified witnesses fail to appear in court. When witnesses do appear, they often recant their earlier statements to police.

In one homicide case highlighted by the newspaper, a witness disavowed his testimony after seeing his statement to detectives posted with a threatening message in a restaurant in his neighborhood.

Another witness in the same case was murdered 10 days after testifying at a court hearing. The victim was among 13 witnesses or their relatives killed in Philadelphia in the last decade.

City prosecutors filed witness-intimidation charges against about 1,000 people between 2006 and 2008 but won conviction in only about a quarter of all cases.

Specter's bill would allow federal prosecutors and the FBI to investigate and bring charges against people who intimidate witnesses in local court cases and would set tough new penalties for those crimes.

It would impose maximum penalties of up to 20 years for intimidating or harming a witness, up to 30 years for the attempted murder of a witness, and the possibility of the death penalty for the murder of a witness.

Specter called the situation in Philadelphia "disastrous" but said the problem was pervasive nationwide.

Philadelphia District Attorney Seth Williams lauded Specter's efforts.

"As a former Philadelphia D.A., I think he, more than most, understands what we are dealing with on a daily basis," Williams said. "So I appreciate his effort."

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