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Buoniconti, Coakley, Bennett work to curb witness, victim intimidation

Date: 8/25/2010

Aug. 25, 2010

By Katelyn Gendron

Reminder Assistant Editor

GREATER SPRINGFIELD -- The culture on the street is don't ask, don't tell, when it comes to witnessing a crime. State Rep. Stephen Buoniconti, Attorney General Martha Coakley and other legislators have been working together to pass new laws that would give witnesses better reasons to come forward.

"An Act to Protect and Enhance the Rights of Child and Adult Victims and Witnesses of Crime" was passed and signed by Gov. Deval Patrick last month. Buoniconti filed an amendment to the bill prior to its passage, for the purpose of allowing prosecutors to charge juveniles as adults if they intimidate witnesses.

"The refusal to talk about cases is a huge issue when solving crimes. [Witnesses] don't feel that they can be protected or there is gang relations involved or you'd be [viewed as] a snitch," Buoniconti explained.

He said, "This bill is a major step toward shielding victims and witnesses from intimidation, and encouraging people to come forward with information that will put violent criminals behind bars."

Hampden District Attorney William Bennett echoed Buoniconti's sentiments.

"Witness intimidation is a terrible problem. It's rampant in many areas of the county and comes up over and over again in cases involving violence and drugs and guns. It makes prosecution very difficult," Bennett explained.

He added that witness intimidation and the reluctance of witnesses to come forward has "increased over past several years."

The bill "supports victims and witnesses by providing them specific notification of their rights and protections, requires victims to be consulted and informed to the acceptance prior to any plea deal or reduction in charges, and updates procedures to prevent witness intimidation," according to Buoniconti.

Witnesses have access to financial and relocation assistance, Bennett noted. His office does not have the greater resources that the federal government has such as the Witness Security Program, he added.

Buoniconti has also been working with Coakley to increased benefits for victims and witnesses of violent crimes within a separate bill, "An Act Relative to Victims of Violent Crimes," which was not passed by the end of the 2010 legislative session.

The bill updates the Victims of Violent Crimes Compensation statute, providing increased support services to victims and their families at no cost to taxpayers. The bill increases the cap on certain provisions such as $1,500 for crime scene cleanup; $250 for seized or damaged bedding and clothing; $500 for damaged security devices; $6,000 for funeral expenses; and a cap of $800 for additional funeral expenses such as tombstones or urns.

"This new law will allow us to better support victims and their families as they deal with the tragic aftermath of violent crimes. It is a common sense update that will help victims and is revenue neutral for the Commonwealth," Coakley said.

When asked how legislators and law enforcement can end witness intimidation, Buoniconti replied, "You don't. But you at least protect the people with a good heart and that have the nerve to stand up. If we don't protect the people [who come forward] with respect, we're allowing crime to perpetuate."



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