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Ehrlich powers prosecutors to combat witness intimidation { January 8 2005 } Original Source Link: (May no longer be active)
http://www.washingtonpost.com/wp-dyn/articles/A57468-2005Jan7.htmlhttp://www.washingtonpost.com/wp-dyn/articles/A57468-2005Jan7.html
Ehrlich Seeks to Protect Witnesses
Bill Would Make Threats a Felony
By Eric Rich
Washington Post Staff Writer
Saturday, January 8, 2005; Page B01
Maryland Gov. Robert L. Ehrlich Jr. will seek to give prosecutors broader powers to combat witness intimidation, an issue that has drawn wide attention in Prince George's County and Baltimore, aides to the governor said yesterday.
During the General Assembly session that begins next week, Ehrlich (R) plans to propose legislation that would reclassify witness intimidation -- now a misdemeanor punishable by five years in prison -- as a felony punishable by up to 20 years.
The governor also wants to carve out a new "hearsay exception," which if approved by the legislature would permit prior statements of victims or witnesses who are not available at trial to be admitted as evidence under some circumstances.
The legislation will be submitted "as soon as possible," said Jervis S. Finney, the governor's chief legal counsel, calling witness intimidation a "scourge."
The issue drew wide attention last month with media reports of an unusual DVD that was sold in at least one Baltimore shop. The video, titled "Stop Snitchin' ," included local men talking about retaliation against suspected police informants. "To all you rat snitches lucky enough to get this DVD, I hope you catch AIDS . . . and die," a man says at the beginning of the video.
Professional basketball player Carmelo Anthony of the Denver Nuggets also appears briefly on the DVD. Anthony, a Baltimore native, does not discuss witness intimidation or issue threats. After the video surfaced, Anthony posted a statement on his Web site, saying that he was taped while visiting the "tough neighborhood" where he grew up.
"I didn't know that a DVD was being made," Anthony wrote, "and I definitely don't approve of its content."
Some lawmakers tried to stiffen penalties for witness intimidation last year as well, but their efforts stalled in the House Judiciary Committee. Finney said the outcome may be different this year because the DVD "has focused public and legislators' attention on the real nature of the problem."
Del. Joseph F. Vallario Jr. (D-Prince George's), chairman of the Judiciary Committee, did not return phone calls yesterday seeking comment. A call to the committee's vice chairman, Democrat Samuel I. Rosenberg of Baltimore, also was not returned.
Baltimore State's Attorney Patricia C. Jessamy said she has circulated copies of the DVD to legislators to draw attention to what she calls "the conspiracy of silence."
"We have a very serious problem," Jessamy said. She said one of every four non-fatal shooting cases in Baltimore is lost "because witnesses, as a result of intimidation, go underground and cannot be found, or they come to court after we've found them and they recant on the stand."
Of the governor's proposal, she said, "We're hopeful that it will pass this year, and we're supportive of it."
The current maximum penalty, five years, is insufficient as a deterrent, she and other law enforcement officials said. "We need this bill," said Jessamy's spokeswoman, Margaret T. Burns. "We've had witnesses killed. This is a threat to public safety."
Prince George's State's Attorney Glenn F. Ivey said yesterday that he supports the goals of Ehrlich's legislation but is backing a rival proposal from state Sen. Leo E. Green, a Prince George's Democrat. Green's proposal, which is still being drafted, is similar to Ehrlich's but would not include the hearsay exception that would make out-of-court statements admissible at trial.
Green said that because the hearsay exception met resistance last year, it is not being included in the legislation he plans to submit.
Ivey said he supports the hearsay exception but was concerned about the effect it could have on a bill's prospects for passage. "Don't let the perfect be the enemy of the good," Ivey said. "We need a bill this year."
© 2005 The Washington Post Company
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