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Strategy To Combat Intimidation and Gun and Gang Related Violence
In October of 2002, Suffolk County District Attorney Daniel Conley declared witness intimidation one of the most serious problems affecting public safety and called for a multi-disciplinary approach by law enforcement, government leaders, faith partners and the entire Boston community. Far from isolated or episodic, DA Conley recognized that a wide variety of means were being employed to intimidate victims and witnesses into silence or subversion of sworn testimony in approximately 90% of all cases involving guns, gangs and violence.
The negative impact of this fear and intimidation went beyond the courtroom and the immediate victim. In 2004 and again in 2005, DA Conley testified before state house panels that witness intimidation could no longer be considered a problem for law enforcement alone, but had become so widespread that it amounted to a civil rights issue that demanded broad based action. The prevalence of fear and intimidation within entire communities - where the population is typically poor and of color - was making it increasingly difficult and dangerous for citizens in these communities to access the criminal justice system. Fear and intimidation were literally undermining the promise of equal justice under the law.
Since 2002, DA Conley has developed, implemented and advocated for a number of new initiatives and ideas aimed at addressing the problem of witness intimidation and the gun and gang related violence it helps to shield and perpetuate. Taken together, these approaches comprise a comprehensive strategy that runs from the courtroom to the community and from the corridors of power to the classrooms of our schools. This strategy also offers opportunities for everyone - from prosecutors and police, to government leaders, members of the faith based community, and any and all concerned citizens - to play a part and help to ensure that victims and witnesses are free to testify in court without fear for their safety, that violent offenders are dealt with swiftly and surely, and that the promise of equal justice under the law is kept for everyone, everywhere.
Community and Faith Based:Project Strength and Spirit
In October 2002, District Attorney Conley stood with Boston police and ministers and announced a strategy to combat witness intimidation where teams of prosecutors, victim witness advocates, police and clergy would outreach victims and witnesses in fear and whose testimony might be lost. These teams would meet with witnesses in safe locations and offer a network of support within the community, as well as coordinate resources witnesses might need, including a safe place to relocate. The strategy also sought to combat the intimidation tactic of gang members packing courtrooms by bringing clergy and other citizens to court to offer support to victims and witnesses.
In 2004 the Suffolk District Attorney's Office won grant funding to pilot this program and named it Project Strength and Spirit. To date, approximately 35 ministers have been trained, teams have met with witnesses in over 30 cases to help secure truthful testimony and the courtroom support network has been dedicated in a half dozen cases. The results of the pilot phase of this program have been outstanding. In 2006, District Attorney Conley will seek to expand Project Strength and Spirit to include more widespread and consistent participation by the faith community and the targeted outreach of citizens, including those involved in neighborhood crime watches, to come to court in support of victims and witnesses.
ANNOUNCEMENT OF VICTIM/SUPPORT STRATEGY
PROJECT STRENGTH AND SPIRIT INTRODUCTION
VICTIM/WITNESS SUPPORT STRATEGY
Prosecution/Law Enforcement: Landmark Cases Won
The Suffolk District Attorney's Office in 2004 and 2005 won three separate, landmark decisions before the state's Supreme Judicial Court that strike at the heart of witness intimidation by significantly reducing an offender's ability to secure any benefit from intimidating or even co-opting those who might testify against them: Those cases - Commonwealth v. Edwards, Commonwealth v. Le, and Commonwealth v. Pagan - significantly enhance prosecutors' ability to introduce legitimate testimony that jurors otherwise would not have heard.
MAJOR APPELLATE CASE WINS
Swifter, Surer Prosecution of Cases Involving Firearms
a. Firearm Prosecutions: District Attorney Conley has made the swift, sure prosecution of cases involving guns and gangs a major priority and the results show where they matter most - in the courtroom. The number of firearm related cases disposed in Suffolk Superior Court increased by 67% in just the last three years, going from 158 cases in 2003 to 264 cases in 2005. In addition, the conviction rate for firearm offenses has risen from 75% in 2003 to 83% in 2005.
b. Gun Sessions: Despite the fine work of Boston Police in removing more and more guns and gun offenders from the streets, and the District Attorney's Office in securing convictions, the number of firearm related cases overall continues to grow. In order to secure justice in these cases more swiftly, in the summer of 2005, District Attorney Conley and the Trial Court made a concerted effort to reserve sessions for the hearing of as many gun related cases as possible. The results were impressive: 57 firearm related cases prosecuted in Suffolk Superior Court in the months of July and August alone (as well as the motions that accompany virtually case involving a gun.)
In August, the District Attorney's office went to justices in the District Courts seeking to establish a gun session or sessions, specifically dedicated to moving swiftly the large number of firearm related cases there. (Dorchester and Roxbury District Court alone account for more gun possession cases than all of Middlesex and Hampden Counties combined!) In addition, DA Conley is seeking to renew the gun session in Suffolk Superior Court. In spite of Suffolk County prosecutors' excellent conviction rate to date of gun cases, the number of these offenses has grown over the past three years, indicating a need to streamline and consolidate the process for dealing with first-time and recidivist gun offenders.
c. Homicide Session: In cooperation with officials from the Trial Court of the Commonwealth, District Attorney Conley established a dedicated Homicide Session in Suffolk Superior Court. In 2005, this dedicated session enabled prosecutors to more than double the number of cases tried this year, with the result that more defendants were tried and pled guilty this year than in any other year in modern history of the Suffolk County District Attorney's Office. Additionally, Suffolk homicide prosecutors in 2005 registered a conviction rate of 93%. Both the Homicide Session, as well as this past summer's Gun Sessions, have demonstrated impressive results and make a strong argument for the immediate implementation of permanent gun sessions in both the District and Superior Courts of Suffolk County.
Legislative:
Witness Intimidation/Anti-Gang Violence Legislation
After providing testimony in 2004 where he outlined specific legislative steps that should be taken to witness intimidation, District Attorney Conley began working with Senator Jarrett Barrios and Lieutenant Governor Kerry Healey to craft comprehensive legislation. Two separate, but complimentary bills emerged. In November, S. 2242 was approved unanimously in the Senate and presently awaits action in the House. This bill would create and fund a Massachusetts Witness Protection Program; adopt a stronger standard for perjury that is in line with federal guidelines; prevent the dissemination of Grand Jury minutes; amends and strengthens gun laws; gives law enforcement new tools to protect victims and witness; and provides seed money to foster new intervention and prevention partnerships.
LEGISLATIVE HEARING ON GUNS AND GANGS
RELEASE OF REPORT ON GANG VIOLENCE AND WITNESS INTIMIDATION
LT. GOV. HEALEY ANNOUNCEMENT OF VICTIM WITNESS INTIMIDATION LEGISLATION
LEGISLATIVE HEARING ON GANG VIOLENCE AND WITNESS INTIMIDATION
School Based: Early Intervention and Prevention
Community Based Juvenile Justice
In 2004, District Attorney Conley began an overhaul of the Suffolk District Attorney's Community Based Juvenile Justice program - a school-based safety initiative. Previously consisting of four, grant funded social-worker positions; District Attorney Conley has restructured the program to give it greater reach, strength of purpose and sustainability. Today, each participating middle and high school has an individual point prosecutor assigned to it who runs monthly roundtable meetings with school officials, police, and probation officers. The communication and inter-agency accountability that CBJJ roundtables foster are meant to ensure that meaningful intervention occurs with students who are at-risk but can be steered away from dangerous or disruptive behavior. However, for those who fail to get this message, CBJJ ensures that violent and dangerous students are identified early, monitored closely and, where warranted, removed from school at the earliest opportunity and prosecuted.
Understanding Violence Curriculum
Also at work in Suffolk County schools is the Understanding Violence curriculum. Created and produced jointly by the Suffolk County District Attorney's Office and the Massachusetts Attorney General's Office, Understanding Violence is an accessible, engaging and yet compelling video that provides early prevention through education. It features first-hand testimonial from individuals who were actively engaged in, or became victims of, gun and gang related violence. The video is presented as part of a discussion series led by prosecutors and victim witness advocates in the Suffolk County District Attorney's Gang and Safe Neighborhood Initiative Units. To date, the curriculum has been disseminated throughout dozens of Suffolk County schools, with experienced prosecutors meeting with small and mid-sized groups of schoolchildren to explain the ramifications of violence for offenders and victims.
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