PRESS RELEASE
Office of the Governor

FOR IMMEDIATE RELEASE:
Tuesday, January 25, 2005

Governor Ehrlich Announces Witness Intimidation Initiative

Governor's Plan Gives Prosecutors Same Powers as U.S. Attorneys

ANNAPOLIS - Governor Robert L. Ehrlich, Jr. today formally announced his witness intimidation legislation, a comprehensive plan to crack down on violent thugs who intimidate citizens who witnessed a crime. Law abiding citizens have been killed or intimidated into silence in Maryland by brazen drug dealers and gang leaders who roam the streets enforcing their "Stop Snitching" code.

"Witness intimidation is a major deterrent to the prosecution of violent criminals, as too many witnesses refuse to testify for fear of their lives," said Governor Ehrlich. "Without stronger witness intimidation laws, innocent Marylanders will continue to live under threats of violence simply for working to make their communities safer. My plan, which enjoys bipartisan support, cracks down on violent thugs by giving our prosecutors the same powers that U.S. Attorneys use to better protect our citizens and our justice system."

A DVD recently sold on the streets of Baltimore City shows young men smoking marijuana, waving guns and proclaiming "He's a rat.He's a snitch.He's dead."

In Baltimore City, homicide prosecutors estimate that witness intimidation occurs in 90% of their cases. In Baltimore County, a 17 year old who witnessed a gang murder and agreed to testify was shot in the back of the head by two friends of the murderer. On January 15, 2005, six men firebombed the home of a community activist in Baltimore as retaliation for the woman informing authorities about drug trafficking in her neighborhood.

Governor Ehrlich's witness intimidation legislation will:

• Make it a crime to induce a victim or witness to not report a crime;
• Make it a crime to solicit another person to threaten, harm or damage property of a victim or witness;
• Add a maximum fine of $5,000 to the existing statutory maximum penalty of five years incarceration;
• Make it a felony with a maximum penalty of twenty years if the crime for which the victim or witness would testify is a felony;
• Increase the penalty for intimidating a juror, witness or officer of the court of the State of the United States to twenty years and a felony if the proceeding involving the juror, witness or officer involves a felony or an attempt, conspiracy or solicitation to commit a felony;
• Allow an out-of-court statement from a witness or victim to be used at trial, as an exception to the hearsay rule, against the party that intimidated or killed the witness or victim, or solicited another to have the witness or victim intimidated or killed, thereby making the witness or victim unavailable at the trial for the original crime.

"This legislation supports a critical public safety need and that addresses a 'Conspiracy of Silence' - coordinated efforts to silence witnesses who come forward and provide vital court testimony," said State's Attorney Patricia C. Jessamy. "I thank Governor Ehrlich for making this a legislative priority, and for working with me on this urgent crisis and other public safety initiatives to help the citizens of Baltimore."

Witness intimidation is currently punished as a misdemeanor with a maximum penalty of 5 years in jail, a similar penalty to racing a horse under a false name.

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