Two justices back plan to spare Philly crime victims from some testimony

In a sweeping move to unclog Philadelphia's jammed criminal-justice system, two influential justices of the state Supreme Court have endorsed a plan to spare thousands of victims of property crimes from having to testify in the early stages of criminal cases.

Chief Justice Ronald D. Castille and Justice Seamus P. McCaffery are seeking backing from the entire high court for a new rule stipulating that in Philadelphia, only police need take the stand at preliminary hearings for suspects accused of stealing cars, taking other goods, or breaking into businesses or homes.

Police would stand in for victims, testifying that the victims had reported items stolen. This would end the current procedure under which as many as 7,000 victims yearly are subpoenaed to show up for Municipal Court hearings merely to attest that they owned property taken without their permission.

The two justices say the change would be another major step in their drive to overhaul a Philadelphia court system that puts victims through a gauntlet of delay and repeated appearances even as it fails to dispense justice on the merits in thousands of cases.

"This will be a sea change in how Philadelphia has been doing business," McCaffery said in an interview. "This will have an immediate and significant impact."

If approved, as expected, by a majority on the seven-member high court, the policy would be the latest shake-up of a city court system riven by change since The Inquirer published an investigative report on the courts, "Justice: Delayed, Dismissed, Denied," in December.

The newspaper portrayed a system harsh on victims and awash in witness intimidation. The paper reported that Philadelphia had one of the nation's lowest conviction rates for felonies and one of the highest rates for fugitives from court. In thousands of instances, cases simply collapsed after numerous postponements.

Defense lawyers oppose the new policy toward preliminary hearings for property crimes, saying it erodes the right of defendants to confront their accusers.

But advocates, including Philadelphia District Attorney Seth Williams, say it will properly drive up Philadelphia's abysmal conviction rate, preventing defendants from walking free merely because the victims miss a hearing. They also say that the shift simply brings Philadelphia policy in line with the rest of Pennsylvania.