November 17, 2008 - 4:03pm
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ASSEMBLY PASSES WATSON COLEMAN/GUSCIORA/EVANS BILL TO SHIELD WITNESSES FROM GANG INTIMIDATION

ASSEMBLY PASSES WATSON COLEMAN/GUSCIORA/EVANS BILL TO SHIELD WITNESSES FROM GANG INTIMIDATION

Measure Would Limit Personal Information Available About Grand Jury Witnesses

(TRENTON) – Legislation Assembly Majority Leader Bonnie Watson Coleman and Assembly members Reed Gusciora and Elease Evans sponsored to shield crime-scene witnesses from intimidation and threats by criminal street gangs today passed the General Assembly, 73 to 0 with five abstentions.

Law enforcement authorities around the state have increasingly noted that witnesses to gang-related violence have failed to step forward for fear of reprisals should they testify before a grand jury. Without testimony, violent gang members are unable to stand trial for their crimes and are left free to terrorize neighborhoods.

“If we are going to repel rising gang-related violence and homicide rates, then law enforcement authorities everywhere are going to need better tools to protect witnesses from threats and harm,” said Watson Coleman (D-Mercer).  “Ensuring violent street-gang members face justice hinges on the ability of witnesses to testify. Without that crucial testimony, police, prosecutors and communities under siege are left in a no-win situation.”
The Watson Coleman/Gusciora/Evans measure (A-2947) would make all personal identifying information of witnesses testifying or submitting evidence to a grand jury confidential.

Under the bill, attorneys working on such a case would still have the latitude to disclose limited personal information to employees assisting in case preparation.  Identifying information would remain confidential unless an attorney in a civil or criminal matter arising from the grand jury proceedings obtains a court order authorizing the disclosure.  Disclosing personal identifying without approval of the courts would be considered crime of the fourth degree, punishable by up to $10,000 in fines and 18 months in jail.

The measure would be known as “Qua-Daishia’s Law,” after Qua-Daishia Hopkins, who died in a fire in Trenton, allegedly set in retaliation against Hopkins’ mother, who was a witness in a criminal trial. 

“Grand jury proceedings should not be able to double as a to-do list for gang members bent on intimidating or silencing witnesses,” said Gusciora (D-Mercer).  “Witnesses brave enough to come forward need to know they will be protected from reprisal.”

“No one should have to fear for their life, simply because they’re doing the right thing,” said Evans (D-Passaic).  “Men and women willing to testify need to know that doing so will not put them on a gang member’s short list.”
The measure now heads to the Senate for further consideration.

On the net:  www.assemblydems.com

TEEL can be reached via email at ateel@njleg.org.