THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Friday, March 8, 1996 TAG: 9603080556
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY LYNN WALTZ, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 90 lines
Growing fear by prosecution witnesses in the trial of alleged members of a Portsmouth drug gang led authorities to step up efforts to ensure their safety Thursday.
Two witnesses did not show up to testify Thursday. Another refused to testify until a judge threatened him with contempt of court. The son of another witness was relocated earlier for his safety.
Two others are being held in protective custody, and a judge barred three spectators from the courthouse after allegations they were gesturing to witnesses and making threatening gestures to police.
The sudden reluctance of witnesses began affecting the prosecution's strategy in light of witness safety and concerns about whether witnesses would show up.
Warrants for one missing witness were issued Thursday. Another witness, picked up by authorities Thursday after he did not show up to testify, told authorities he had been threatened and was afraid to testify, prosecutors told the judge.
``If we continue to have problems with witnesses showing up, we will have to use grand jury testimony,'' Assistant U.S. Attorney Laura Tayman told U.S. District Judge Robert E. Payne late Thursday, asking for a closed hearing to determine the nature of the threats. ``I need to have on the record information about these threats.''
A closed hearing was held, and the results were not made public. The judge, however, sought to diminish prosecutors' fears afterward.
``Whatever he (the witness) is apprehensive about, there's no record that it had anything to do with these defendants,'' Payne told prosecutors.
Five members of an alleged Portsmouth gang are on trial for drug conspiracy. Prosecutors have painted a picture of violence, intimidation and retaliation including murder, shootings and severe beatings of drug customers at an open-air drug market near the River Edge Apartments.
Prosecutors said members of the gang have a well-earned reputation for witness intimidation. For instance, prosecutors told the jury, alleged kingpin Robert Winfield once ordered co-defendant John Cobbs to kill a witness who was scheduled to testify against Winfield in a murder trial. The witness was shot numerous times. Only because the gunman ran out of bullets did the witness survive, prosecutors told the jury.
Fear is not only keeping witnesses from showing up, but may be affecting their testimony as well. On Wednesday, one key witness - co-defendant Lemuel Britt, who has pleaded guilty - did not testify as prosecutors had expected, specifically regarding activities by Winfield.
Britt's testimony was discussed in a pretrial meeting about alleged witness intimidation Thursday morning. Prosecutors expressed concern to the judge that Britt, after being asked by his attorney if he had been threatened, said he had not been.
But he added that he couldn't ``remember if anybody talked to him about his testimony.''
``Obviously, we find that very strange,'' said Assistant U.S. Attorney Janet Reincke, citing the short time since he had testified. ``He said he was not threatened or intimidated, but he can't remember if anybody talked to him.''
During that meeting, the judge barred three people from the third floor of the courthouse where the trial is taking place after prosecutors and U.S. marshals reported problems.
One of those barred had shaken his head ``no'' to witnesses as they testified and has threatened prosecutors in the past.
``Ask the marshals to be aware of anyone making gestures or shaking heads,'' Payne said in court Thursday.
``Inform me and we will take immediate steps, quietly, to stop it.''
Early Thursday, a witness refused to testify, saying he was afraid.
``Now I'm not going to testify. I'm scared for my family. I'm still incarcerated and there's nothing I can do (to protect them),'' he told the judge.
The judge responded: ``Fear is not a reason not to testify. You'll be charged with contempt of court.''
The witness then agreed to testify, telling the jury he had purchased large amounts of cocaine from each member of the gang. He also described a busy open-air market operating in the parking lots of two mini-markets on the edge of the apartment complex.
In other testimony, one crack cocaine user testified that he spent a minimum of $50,000 on crack. He said he lost his home and business and ruined his life for the drug habit.
Seven men were originally charged with conspiracy to run a drug operation in the River Edge apartment complex in Portsmouth. Britt and Andre Branche have pleaded guilty. On trial are Winfield, Lorenzo Winfield, Taubari Latson, Demetrius Williams and John Cobbs.
KEYWORDS: DRUG GANGS DRUG ARREST TRIAL by CNB