THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Thursday, March 7, 1996 TAG: 9603070433
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY LYNN WALTZ, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 84 lines
Allegations of witness intimidation ended the first day of testimony in the trial of five men charged in the River Edge drug-gang trial in federal court.
After a key prosecution witness, a co-defendant who had pleaded guilty, apparently flip-flopped on expected testimony, Judge Robert E. Payne called a pre-trial meeting for defense attorneys and prosecutors for this morning.
``We have witnesses refusing to testify because they are afraid,'' Assistant U.S. Attorney Laura Tayman told the judge Wednesday after the jury was dismissed for the day. ``It has come to our attention that during testimony today, someone in the courtroom is shaking his head at the witness and telling him not to answer.''
Payne said fear was not an excuse not to testify, but said ``If we have witness intimidation, we're going to stop it right now.''
The trial is the first major case to come to trial out of a federal task force assigned to help stop violence in Portsmouth. The task force, a joint effort by police and FBI, arrested seven men, charging them with conspiracy to run a drug operation in the River Edge Apartment complex. The alleged kingpin, Robert Winfield, is also on trial for murder. The seven were indicted in December.
Because of the alleged violence of the gang, there have been persistent concerns by those involved in the case for the safety of those testifying against the defendants.
Two of the seven alleged gang members, Lemuel Demonte Britt and Andrew Lamont Branch, have already pleaded guilty and are a key part of the prosecution evidence. Wednesday, Britt began to hedge on statements he had provided earlier to prosecutors and federal agents.
At one point, Britt said he had never seen Robert Winfield possess or sell drugs. Later, he admitted having told prosecutors that Winfield was the most violent of the gang, one who would never ``let an argument go.''
The allegations of witness intimidation are significant because Portsmouth officials have said a major reason for low solution rates to violent crimes in the city is witness intimidation.
The federal task force has been moving cases to federal court in the belief they could overcome the obstacles of witness intimidation through more powerful witness protection programs and stronger laws compelling testimony.
The trial has been marked by two other incidents. On Monday, there was a fight in the hallway outside the courtroom between opposing witnesses. On Wednesday, the judge was told of threatening and obscene gestures made by witnesses toward police.
The judge has denounced the behavior and admonished defense attorneys to warn their witnesses that intimidation will not be tolerated.
Testimony on the first day of trial painted a picture of a flurry of drug activity adjacent to the apartment complex, in the parking lots and fields surrounding two mini-markets.
Customers, dealers and distributors talked of ``fiends'' and ``crackheads'' coming to the area and drug exchanges numbering as high as 50 per day.
Britt testified that alleged gang members met while attending Wilson High School and many lived in the apartment complex.
In opening arguments, prosecutors promised to provide evidence of cold-blooded murder, previous witness intimidation and ruthless beatings to collect drug money.
Defense attorneys promised that the absence of hard evidence - drugs, drug money and weapons - would lead jurors to find a ``reasonable doubt'' of guilt.
On trial with Winfield are John Lee Cobbs, Lorenzo Lee Winfield, Taubari Olanyan Latson and Demetrius Marcus Williams. All are charged with conspiracy to distribute crack cocaine. ILLUSTRATION: ALBA BRAGOLI/Illustration
Listening to the first day of their trial were, from left, Robert
Winfield, John Cobbs, Lorenzo Winfield, Taubari Latson and Demetrius
Williams. Judge Robert E. Payne will meet with the trial's lawyers
today to discuss alleged witness intimidation.
KEYWORDS: TRIAL GANGS DRUGS ILLEGAL by CNB