Deadly Silence

Plymouth County District Attorney Timothy J. Cruz.

Protecting witnesses will help cut crime

Despite recent laws, Cruz says more can be done.

By Timothy J. Cruz, special to The Enterprise
   To combat the increasing incidents of street violence and intimidation of witnesses in criminal cases, we need to work together to take back our communities and people need to come forward with information that is necessary to prosecute the criminals.
   In 2006, the Massachusetts Legislature passed “An Act Reducing Gang Violence” that increases the ability of prosecutors to protect witnesses from intimidation and also provides funding for the protection of those who do come forward in criminal cases.
   The new law broadens the crime of intimidation of a witness by expanding both who is protected and what activity constitutes intimidation. The law now protects anyone who is or could be a witness and anyone who has information about a crime. Witness “intimidation” now includes direct or indirect intimidation, harassment, threats, or causing or attempting to cause physical, emotional or economic injury to a person protected under the law. Under the new law, anyone convicted of intimidation of a witness now faces up to 10 years in state prison.
    While president of the Massachusetts District Attorneys Association, I, along with my colleagues, fought very hard for these important changes in the law. The public and the defendants should know that, as a prosecutor, I take my responsibility to witnesses very seriously. I will use all the tools available to me to punish anyone who tries to intimidate a witness.
   The new law also establishes, for the first time, a process by which prosecutors can provide for the physical safety of witnesses who come forward in crimes of violence. Prosecutors can petition the newly created “Witness Protection Board” for funds to protect a person who the prosecutor deems “essential to a criminal investigation or proceeding.” Protection under the law extends not only to a witness but also to the relatives or friends who may be endangered by the witness’ involvement in the criminal case. The protection may include armed protection and escorts before and after a criminal proceeding. Funds can also pay for physical relocation, housing expenses, and basic living expenses. In addition, any school and public housing requirements can be simplified for a relocated witness. In an emergency, the law allows prosecutors to take any appropriate action necessary to protect the safety of a witness without prior approval of the board.
   My office has moved swiftly to utilize these important tools in a number of cases. We make sure that potential witnesses know that we have the means and the will to protect them. We have relocated witnesses when necessary on both an emergency and a permanent basis.
   While these improvements in the law are a good start, there is more to do to ensure the safety of witnesses in criminal cases. Senate Bill S. 802, the pending amendment to the Victims Bill of Rights, addresses the growing need for separate and safe waiting areas in courthouses for victims, family members and witnesses in criminal cases. Having witnesses come to court and share a crowded corridor with the very people they have come to testify against only increases the chance for intimidation.
   As a prosecutor, I understand quite clearly that the success of our criminal justice system depends on the cooperation and participation of victims and witnesses. As district attorney, I will continue to use every avenue available to me under the law to ensure that the safety of witnesses is not jeopardized by their courage to come forward. By working together, we can take back our streets and provide a better quality of life for us all.
   Timothy J. Cruz is the Plymouth County district attorney.