Platform : Witness Killings: Has Testifying Become Too Hazardous?

The recent slayings of two Los Angeles women who were witnesses in a drug-related murder case have police and prosecutors seeking better ways to protect those who would testify. There have been other highly publicized witness murders in the area, including that of a 14-year-old Little Leaguer in Pomona two years ago. Such cases increase the likelihood of witnesses refusing to testify for fear of retribution. JAMES BLAIR, PATRICIA KONLEY and ROBIN GREENE asked residents of varied neighborhoods, defense attorneys and prosecutors whether they personally would testify in a criminal case, whether they would let their children testify and what they would suggest to make witnesses safer. MICHAEL F. YAMAMOTO

Criminal defense attorney, Los Angeles

These killings are really scary to me. The future of the system can’t work like that. Our local witness protection program is not as well funded as the federal program. I have to deal with these programs all the time and I know how little they can do. They can only pay a first month’s and last month’s rent. They have minimal transportation cost and no identity [changing] services. It seems to me that we could take a lesson from the federal program and at least give them better anonymity.

When we see a police officer go down in the line of duty, everybody is understandably upset and we have a ritualized way of paying homage to people like that; but [witnesses] are at least as much heroes and martyrs to the criminal justice system. And to have them snuffed out is infuriating. These people ought to be exalted. We ought to be building monuments to them.

Would I have a difficult time, personally, testifying if I found myself as a witness in a case? Absolutely not, and I have testified for the prosecution before. I believe it’s our duty. [But] I wish I could think of a program where you could identify high-risk witnesses and target the confederates of these criminals that are targeting them for elimination.

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BILL THOMPSON

Detective sergeant, homicide, Inglewood Police Department

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The reality is that we can’t guarantee someone’s safety and that’s the shameful part of it. It’s unfortunate that police departments do not have the resources. From the witness’ standpoint and surviving victims in cases where there had been that threat of retaliation, they know from what they see on television and read in the paper that truth in sentencing does not necessarily exist all the time. They know that if a suspect is on trial for murder and we tell them that if he is found guilty that he will either be put to death or spend the rest of his life in prison, the reality is that may not happen. There’s just too many loopholes that allow defendants to get out of the long-term sentences

If a change has to take place in our society, we have to be able to live by what we say, and truth in sentencing would be a good start.

So many of our cases, probably 40% or more, are gang related. And when you get a murder case where there’s a gang involved, right out of the gate it’s a nightmare because you know that the majority of people are not going to tell you anything because of fear of retaliation. There’s got to be something to stop it. It’s really going to take a concerted effort--not only from the families but schools and churches--a team effort to try and fill the void that our youth is searching to fill for excitement and friendship.

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VIRGINIA GILLIAM

Instructor, El Santo Nino community center; lives in South-Central Los Angeles

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I would testify if I saw a crime. You have to teach kids right from wrong. You should only fear God, not what man can do to you.

A witness means telling what you saw; it already happened. That’s different than being a snitch, where you give information before things happen. I would never be a snitch; that’s the easy way to get killed. But it is an individual decision.

When my son was 11, he had a .38 [-caliber gun] put to his head at the bus stop and his cassette player was stolen. He had trauma therapy at school. He’d probably know the face, but I can understand why he can’t tell.

It doesn’t work to just take witnesses from the neighborhood because nine out of 10 times, they can’t move away or they’ll just [take retribution against] the family--kids, uncles, cousins.

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MANUEL DROZ

Recreation director, City of Los Angeles; lives in South-Central

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It’s hard to make an across-the-board judgment. It would depend on the situation. I would testify if the crime involved my family. Or theoretically, I believe my son would testify if he saw his brother shot.

To stop this, everyone has to be involved. Look at Neighborhood Watch: There are strong ones in Granada Hills and Tustin--more affluent, established communities. But in the poorest areas, a lot of people don’t know how to band together if they don’t want their son or daughter hooked on drugs or in a gang. We need to hold workshops at churches, schools, community centers to act out how the tragedy works on each of us--much like the way they are teaching kids in school to get along and settle conflicts with words and not fists. That way, people in the city can have a [united] voice to call for justice, so it’s not just one or two people who could be mowed down.

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MICHELE HOZMAN

Elementary school secretary, Thousand Oaks

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I would absolutely testify, but then I’d move away. I think there’s too much apathy. The only way we’re going to straighten out society is to put a stop to all this. We tell the kids, you have to do your part to stop it. You can’t just wait around for somebody else to do it. But it’s dangerous.

It would basically be [my kids’] individual decision to testify or not. It’s not up to me. I talk to my boys all the time and tell them, “You need to turn people in” [when] they complain about smoke in the school bathrooms. But they say, “No, you can’t tell. You’ll get in trouble.” But you can’t clean it up until you say something.

Kids today hesitate, they tend to look away for fear of repercussions. If they could do it anonymously, maybe they would come forward. But sometimes people still find out. It’s real scary out there, how things go through the grapevine.

There should be some form of protection, especially with juveniles. Their identity could be protected if they did a deposition in front of a lawyer or judge without the accused criminal being there.

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GENA JIN

Executive director, Korean Grocers Assn., Los Angeles

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My answer should be, “Of course I’d testify.” But this is tough. If [something happened] to my sisters, I’d be willing to give my life to testify. But an acquaintance, I don’t know.

Our members are always scared for their lives. In this case, the language barrier may protect them because even though they may know the face [of the criminal] they wouldn’t know [that person’s] name.

The police need to do more. I don’t know if stiffer penalties would help because how would they enforce them? Aren’t these activities illegal already anyway? Even if they could do round-the-clock protection, how long would it be for? It couldn’t be the rest of your life.