Remarks of Suffolk District Attorney Daniel F. Conley: Lt. Governor Healey Announcement of Victim Witness Intimidation Legislation February 16, 2005 Thank you, Lt. Governor Healey. The legislation proposed today by the Lt. Governor addresses the single most insidious problem confronting the criminal justice system as a whole, and victims of crime in particular. Fighting victim and witness intimidation is among the highest priorities of prosecutors here in Massachusetts and across the country. Assembled today are many of my fellow District Attorneys who demonstrate with their presence and support how truly widespread the problem of victim and witness intimidation has become. From Boston to Lawrence, from Brockton to Springfield, the promise of fair and equal justice is undercut daily when victims and witnesses are too scared to speak the truth. I've shared this figure many times but it bears repeating once more. Prosecutors in my office estimate that in 90 percent of all the cases we handle involving guns and gangs, some form of witness intimidation takes place. Gang members packing courtrooms; Grand Jury minutes, with all the names of those who have spoken with police and prosecutors, widely disseminated; and now, what is literally a pop-cultural war being waged on T-shirts, in music and on DVD to label any and all who speak with the police as "snitches." Intimidation can take the form of direct threats that cause people who have testified to one set of facts in the Grand Jury suddenly recant their testimony while on the witness stand at trial. It can also take the form of indirect threats - a looming presence in a neighborhood that makes it possible for a 10-year-old boy to be shot while practicing football and for the dozens of people who were in the park to say that they saw nothing. Make no mistake: intimidation has consequences that go far beyond the original victim or witness. This is a fight for the integrity of the entire criminal justice system, it's a fight for civil rights and it's a fight over who controls our neighborhoods - law-abiding residents or those who spread fear and violence. Witness intimidation is a criminal justice issue, but at its heart, it's also a civil rights issue and that fact cannot be ignored. The problem of witness intimidation falls disproportionately on people who are poor and of color; people who share the same small neighborhoods with the criminals who spread violence and fear. Victims of crime in our cities have a right to justice, and our criminal justice system promises fair and equal justice for all. But today the sad fact is that too often, the promise of fair and equal justice is denied to entire neighborhoods when crimes are not solved, or cases cannot go forward, because witnesses are scared. Despite these obstacles, courage exists in these communities. As prosecutors, we see it every day. Ask any prosecutor or victim advocate in my office and they'll tell you about people who hold off their fear and tell the truth because of their love of a victim, their belief that the truth should prevail, that their neighborhoods should belong to law abiding residents, and because they recognize that justice is worth fighting for. But the residents who display this kind of courage are feeling isolated and under fire. They need our help and they need it now. What Lt. Governor Healey has proposed should give heart. It gives new tools to law enforcement to combat victim and witness intimidation, to hold those who spread fear and intimidation accountable, and promises badly needed resources to create a statewide witness protection program. The use of GPS technology to keep intimidators away from certain areas where victims and witnesses live and work is new and innovative and holds great promise. The use of protective orders, similar to protective orders used in cases of domestic violence, to protect witnesses and punish those who violate protective orders, is also a smart adaptation of one law to address a pressing need. Conversely, these discussions around witness intimidation yielded a terrific new idea - to apply this same GPS technology to protect victims of domestic violence from batterers. This gives police, prosecutors, service providers and victims a great new tool to serve victims and survivors of domestic abuse. Finally, the creation of a state witness protection plan is of critical importance. Think about it: federal prosecutors have long enjoyed the benefits of a witness protection program - the resources to move witnesses to safe locations, to provide armed escorts where necessary - and they handle 1 percent of all the violent crime in America. Local prosecutors handle 99 percent of all violent crime and for too long we've done so without these critical resources. So I want to personally thank the Lt. Governor. I first began raising this issue three years ago, shortly after I took office, so I'm grateful for her hard work on this issue, for her ability to reach across party lines to forge consensus and for listening to people at the street level who deal with these issues every day. I also want to recognize the substantive work of Senator Jarrett Barrios who has embraced this issue. His leadership and his ideas have been instrumental in moving this issue so far forward. On behalf of my fellow District Attorneys, we urge the Legislature to pass this legislation swiftly. Right now, I want to introduce someone who has been a tireless and passionate voice on behalf of victims and survivors of domestic violence and sexual assault. Her advice, her constructive criticism and her ideas give offices like mine a different perspective and make us better and more responsive in the work we do. Please welcome, from Jane Doe, Inc., the Director of Government Affairs, Nancy Scannell. SYNOPSIS OF THE LT. GOVERNOR'S LEGISLATION 1. Establishes a state Witness Protection Program (WPP). The Lt. Governor is filing a $1 million supplemental budget today to support this plan. a. Will fund a Witness Protection Commission, comprised of the AG, Secretary of Public Safety, and a District Attorney. b. Permits prosecutors to provide protection services for critical witnesses and seek reimbursement from the Witness Protection Commission. c. Commission records are confidential and exempt from public records law. Prosecutors may balance the benefits and danger of disclosing the identity or location of a witness and decide accordingly. Unauthorized disclosure of WPP information carries 2 ½ years in HOC and fine up to $5K. Commission will issue an annual fiscal and operational report to the Legislature. d. Written agreements with witnesses will specify obligation to testify truthfully, not commit any crimes, etc. or face possible revocation of protective services. e. Witness protection plans requiring relocations in public housing bypass existing waiting lists. f. Witness protection plans requiring relocations in the public schools bypass class capacity limits or the jurisdiction boundaries of school districts. 2. Establishes protective orders to keep those who intimidate away from certain geographic areas. It also creates penalties for Grand Jury transcript abuse. a. Adds Section 13D to establish protective orders, allows the court to issue a protective order (like a 209A) against a defendant. b. Violation of protective orders: fine up to $5K or up to 2 ½ years HOC. c. Orders of release, with bail or otherwise, after a violation must be accompanied by an order requiring defendant to wear GPS tracking device that notifies police if defendant enters "excludable zone". d. Distribution of GJ transcripts or verbatim description of Grand Jury testimony with intent to influence, intimidate, etc.: fine of $5K or 2 ½ years HOC. e. Distribution of GJ transcripts or description of GJ testimony by unauthorized person: fine of $1K or 2 ½ years HOC. f. Possession of GJ transcripts or description of GJ testimony by unauthorized person: fine of $1K or 2 ½ years HOC. 3. Applies GPS technology to 209A (domestic abuse prevention orders). a. Allows the court to establish geographic exclusion zones, including home, work, child's school, for a defendant convicted of violating 209A. b. Violations will result in fine, imprisonment or both. Return to the previous page.