THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Saturday, March 9, 1996 TAG: 9603090397
SECTION: FRONT PAGE: A1 EDITION: FINAL
SOURCE: BY LYNN WALTZ, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 77 lines
The father of alleged drug kingpin Robert Winfield was arrested Friday and held without bond, accused of threatening a witness during the trial of his son and four other purported members of a Portsmouth drug gang.
Robert Veal, 42, was whisked out of the courtroom by U.S. marshals after the witness, Walter DuPree, identified him from the stand as the man who had threatened him in the hallway before he was to testify.
Moments earlier, U.S. District Judge Robert E. Payne ordered the doors to the courtroom secured after Veal was spotted trying to leave.
DuPree ``said someone had approached him and asked why he was there,'' FBI agent Paul Barrows told a judge during Veal's detention hearing Friday evening. ``He told them he was there to testify, to clear himself. The person said, `Well, something else will happen to you.' ''
Veal's attorney, Jon M. Babineau, told the judge that his client has known DuPree for years, works with DuPree's brother and was just making small talk about the trial.
``He asked (DuPree) what he was doing here, then he told him he was down here in support of his son,'' Babineau said. Babineau told the judge that Veal then said, ``Anything could happen in the case.''
After Veal's arrest, DuPree testified that the drug gang used his house to cut up rocks of crack cocaine for sale on the street and used his shed - guarded by a Husky - to store their guns.
The drug conspiracy trial of Winfield and the four other suspected members of the River Edge drug gang has been marred by fear among witnesses that there could be retaliation if they testified. Since the trial began Wednesday, at least two witnesses have failed to show up to testify. Another balked twice before finally testifying, saying he was afraid for himself and his family. Another hedged during key testimony, leaving out earlier statements implicating Winfield.
``Everyone who bought drugs out there is scared to death,'' Assistant U.S. Attorney Janet Reincke told Magistrate Judge William T. Prince during the hearing to determine whether Veal would be released until a preliminary hearing is held Monday.
``I've not talked to one witness who didn't say: `I'm afraid for myself. I'm afraid for my family,' '' Reincke said.
The trial is the first major case to come out of a federal task force created to help stop violence in Portsmouth. The task force is moving cases out of the state courts because Portsmouth officials have said witness intimidation has kept them from getting convictions.
``We are very concerned and very sensitive to the witnesses' fear of reprisal,'' Reincke told Prince, outlining the violence attributed to the gang, including several murders, shootings and beatings. ``We want the intimidation to stop and we want everybody to know it's going to stop and put the power of the federal government behind it.''
``We want to (assure) those who testify that they will be safe,'' Reincke said. ``And the best way to do that is to keep these people away from them.''
Babineau argued for Veal's release, saying he does not represent a threat of flight or a threat to the community, despite a 1980 conviction for involuntary manslaughter in Portsmouth.
Veal, Babineau said, is a brickmason with no other criminal history who lives in a stable environment and would abide by whatever restrictions the judge placed on him.
Reincke asked the judge to treat the matter seriously in light of the atmosphere of witness intimidation.
Prince ruled that Veal did pose a threat to the community, reasoning that in this case ``the community'' is the pool of potential witnesses.
The case ``is a little unusual in that there has been some suggestion of intimidation,'' Prince said. ``If I conclude he's not a threat, then he's right back in the courtroom. That sends a signal to other witnesses that in spite of the threats, nothing will be done. I order his detention.''
KEYWORDS: ARREST DRUGS ILLEGAL TRIAL WITNESS TAMPERING by CNB