Tuesday, July 19, 2011

Witness Protection Program as refuge for N.O. detective

[caption id="attachment_7085" align="alignleft" width="300" caption="Danziger Bridge"][/caption]

A detective involved with the Danziger Bridge shooting decided to open up to authorities,  and there is speculation whether he can be hidden  in the witness protection program for testifying about police shooting of  innocent people who were seeking  help during Hurricane Katrina.

Wbrz.com relates the story of a conversation that occurred between Sgt. Robert Gisevius and a former detective who had been cooperating with the FBI, where the detective speculated about what was going to happen to him after the trial.   Gisevius is also said to have wondered if a “weak link could sink the ship,”  in reference to Sgt. Arthur Kaufman who had agreed to speak with federal authorities about what happened the night of the shooting.

While Casey Anthony, recently released from jail after being declared not guilty in the death of her two-year-old daughter, Caylee, has gone into hiding, according to media reports, witnesses who testify on behalf of the government can be protected under a special program called the Witness Protection Program.  This has some similarities to Casey’s assistance from her lawyers and others to hide her from angry people who may be outraged enough to harm her following the controversial verdict.  Her security, however, is not the same as the type the government affords for witnesses.   Whether that lifetime security will be available to a police officer in the case of the policeman involved in the Danziger Bridge incident that occurred in New Orleans during Hurricane Katrina may only be speculative on the part of those who talk about it now.

The Witness Protection Program is a service that protects witnesses in special, major criminal cases from intimidation and harm.  It is a security program that allows the person to be given a new identity and place to live.  It not only applies to witnesses but close family members as well.  The evidence the witness provides must be substantial and related to a major felony.  If a witness’ life is threatened after giving such testimony, witness protection can be offered.

Some of the people who have been given witness protection are known criminals.  It may be surprising to learn that crooks are protected by the government when they give testimony aiding the prosecution in a case, but that evidence they provide has to be substantial, as the cost of protection is considerable.

Naked Law has examined the Witness Protection Program and observes that whereas the US marshals maintain that no one under their security has been harmed, the problem arises when a witness moves outside the rules that are set forth in the program.  That program requires the witness not contact others, return home or be involved with past acquaintances or even family members.  The website also points out that 14 states have witness protection programs and despite the promise of security a number of witnesses have been harmed.  Naked Law cites Colorado where at least 16 witnesses in the state’s witness protection program have been killed.  Furthermore the conditions for security are not the “Club Med” type of environment, but that it does provide 24 hour security.  Unlike television dramas, witnesses are not required to change their appearance or fake their death in order to receive protection.

The policemen in the Danziger bridge trial may have been under duress in the trial, but the Witness Protection Program has strict parameters for an individual to be included and no guarantee that any given individual will receive that protection in exchange for testimony unless there has been strong evidence provided, threats against the witness' life and a previous agreement for that protection.