IS CHUCK FEELING A LITTLE INTIMIDATED?

WITNESS INTIMIDATION COULD HAMPER INVESTIGATIONS INTO RECENT ROCHESTER SHOOTINGS & HOMICIDES, INCLUDING GANG- RELATED CRIME - PUSHES LEGISLATION TO HELP LOCAL LAW ENFORCEMENT PROTECT KEY WITNESSES

With Recent Shootings Begging for Witnesses, Schumer Pushes Legislation That Would Beef Up Witness Protections So Criminals and Gangs Can't Unfairly Influence the Rochester Justice System

Recent Shootings, Stabbings and Robberies All Need Witnesses to Come Forward & Work with Rochester Police and District Attorney--Law Enforcement to Speak to Witness Intimidation as Real Problem in Rochester

Schumer: This Bill Will Help Protect Witnesses, Give Rochester Police and DA the Help They Need to Solve Crimes and Protect the Public

Yesterday, at the Rochester Public Safety Building, U.S. Senator Charles E. Schumer pushed legislation designed to help Rochester law enforcement officials protect key witnesses who provide the police with information about crimes, help identify suspects, or testify during trials. The legislation also increases criminal penalties on individuals, such as gang members, who seek to intimidate witnesses. In the wake of a spate of violent crime incidents in the Rochester region, evidenced by a disturbing rise in the Rochester Police Department's mid-year crime statistics, authorities have been left frustrated by increasing reluctance of witnesses to come forward with information - a trend they believe is being fueled by a climate of fear and intimidation created by perpetrators. To address this, the Schumer-backed State Witness Protection Act would for the first time make witness intimidation a federal crime, and toughen sentences for anyone who attempts to intimidate a witness, or prevents them from going to the police with important information that could help police crack the case, or chase a lead. The legislation Schumer is backing would increase the potential maximum penalty to 30 years in prison in cases of attempted murder or physical violence against a witness, and increase the potential maximum sentence to 20 years in jail for other types of witness intimidation, like obstruction of justice. Schumer called for the swift passage of this legislation, so that the Rochester police and the Monroe County District Attorney's office receive all the help they need to solve crimes, find and prosecute offenders, and protect the Rochester community.

"Innocent bystanders who witness violent crimes should no longer live in fear when the Rochester Police Department enlists their help to get criminals off the streets and behind bars," said Schumer. "That is why I'm unveiling a proposal to ensure that witness intimidation is a federal crime with harsh sentencing and penalties. Rochester law enforcement officials have consistently gone above and beyond the call of duty to catch violent criminals, but many of the open homicides this year, like the shooting at the Bug Jar, were witnessed by dozens of people who are not coming forward to help. What's more, the six-month homicide rate has increased at a rate of 43 percent in Rochester. The federal government must do its part to ensure the protection of witnesses, so prosecutors in the Rochester region can build a case with visual identification at the scenes of shootings, stabbings and robberies. We can't ask Rochester PD to chase criminals with no leads because eyewitnesses fear for their lives. Violent assailants, from Monroe Avenue to Joseph Avenue, should live in fear and must think twice before bullying a witness." 

Schumer was joined by Rochester Mayor Tom Richards, Monroe County District Attorney Investigator Joe Dominick, and Rochester Police Chief James Sheppard, as he unveiled his plan that would beef up witness protections and allow prosecutors to build strong cases against criminals and deliver the appropriate sentences. The State Witness Protection Act, which Schumer co-sponsors with Senator Bob Casey (D-PA), aims to make witness intimidation a federal crime and strengthen penalties for those who attempt to prevent a witness from testifying in a court of law. Schumer noted that in light of the unsolved violent crimes in Rochester, this legislation is critical to ensuring that violent criminals receive the strong and fair sentences that they deserve. Investigator Dominick, Police Chief Sheppard and Mayor Richards also spoke to the role that intimidation of witnesses has played in recent Rochester crimes.

Recently released police figures show that while overall crime dropped 5.1 percent in the first six months of 2012, violent crimes, including homicide, rape, assault and robbery, have increased by 4.8 percent in this period in Rochester. A total of 23 homicides in the area have been reported so far this year - up from approximately 14 in the same time period last year. Of these 23 homicides, only eight cases have been closed, due in large part to the lack of eyewitnesses in the other cases who are willing to come forward. Nonfatal shootings have also increased at a worrying rate: 55 such incidents were reported in 2011, compared with 95 in 2012. This means that the 2012 six-month homicide rate has increased at a rate of 43 percent in Rochester over the same period last year, while nonfatal shootings were up by 73 percent. And police authorities are concerned that, even with violent crime on the rise, the number of witnesses coming forward to assist in their investigations is falling. In one particularly disturbing incident in June, authorities investigating the brutal shooting and murder of a 21-year-old man outside a popular live music venue on Monroe Avenue were forced to issue a desperate plea to the public for witnesses to come forward, even though the homicide had taken place in front of at least 100 bystanders. Investigators believe that people are refusing to come forward out of some sense of misguided loyalty to the shooter.

The State Witness Protection Act first aims to allow federal prosecutors to investigate and bring charges on witness intimidation. Specifically, this legislation makes it a federal crime to kill or attempt to kill; use or threat of physical force; harass, intimidate or attempt to intimate; or offer anything of value to another individual, with the intent to influence, delay, or prevent the testimony of an individual in a State official proceeding. The bill would also make it a crime to cause a person to withhold testimony, to prevent communication of information of the crime to a law enforcement official or a judge, and to retaliate against a witness for their attendance or supply of information at a State proceeding. Also, the legislation would cover cases involving interstate or foreign commerce, either through communication, personal travel, or the transfer of a weapon.

Schumer noted that the State Witness Protection Act also sets tough new penalties for witness intimidation. This provides the same penalties that currently exist in federal court in the case of a killing of a witness, including the possibility of the death sentence. It also increases the maximum penalty to 30 years imprisonment, up from the current state penalty of 25 years, in the case of attempted murder or the use of physical force. The bill sets a maximum of 20 years imprisonment for other types of witness intimidation, up from no more than seven years under state law. Finally, the Schumer-backed bill would direct the United States Sentencing Commission to increase federal sentencing guidelines for obstruction of justice.

This law attempts to curb the scourge of witness intimidation that has prevented Rochester law enforcement from putting a number of violent criminals behind bars. The following list details a few examples of recent cases for which the Rochester Police Department needs witnesses to come forward:

On June 17^th, a 21-year-old male was shot outside the Bug Jar music club on Monroe Avenue reportedly in front of at least 100 bystanders. Investigators believe people with knowledge of the shooting are refusing to come forward out of some sense of misguided loyalty to the shooter.

On the evening of June 8^th, the Rochester Police Department responded to a shooting at 121 Wilkins St., near the corner of Joseph Ave. The 20-year-old victim was known in the neighborhood, and had friends and family who live in the area. The area has a lot of foot traffic because of a neighborhood store at Joseph and Wilkins St. Above the store there are several apartments. There are also a number of residential homes in close proximity to where the murder occurred. The police have been stymied by the lack of cooperation of the people they believe saw the incident but have refused to come forward out of fear of the entrenched criminal element that operates in the neighborhood. This element routinely intimidates residents from cooperating with the police.

On May 15^th, in the late afternoon, officers responding on an unrelated call heard a gunshot from the area of Smith St and Grape St and found a 26-year-old male lying on the sidewalk in front of 560 Smith St. with a gunshot wound to the chest. Despite the fact that scores of people were out and about on the street near the crime, the investigation remains stalled by the lack of cooperation from witnesses. While the police have some information from individuals, the police know that there are people who saw the shooting and can name or describe the shooter but will not cooperate with the investigation.

On May 12^th, two teens who police believe were innocent bystanders were shot, and one was killed.  A 19-year-old Charlotte high School student was shot and killed, which followed the shooting of a 14-year-old girl earlier in the day. Both shootings may have been triggered when a nearby raucous house party let out in an area of the city where two rival gangs have been feuding. There were no clear motives in either of these shootings, but there were scores of witnesses.