BUFFALO, N.Y. — With the concern about the violent crime surge here in New York State, prosecutors say witnesses often don't come forward with fear of sometimes violent retaliation or other intimidation.
So Democratic State Senator Jeremy Cooney, from the Rochester area, has introduced the Homicide Witness Protection Act to allow prosecutors to hold back the identity of a 911 caller, victim, or witness in a homicide case.
His amendment to criminal procedure law would add that provision to other protected categories in state law.
Erie County District Attorney John Flynn says, "Child sex offense and an ongoing criminal conspiracy are the only two laws right now on the books where we can hold the names of victims and witnesses. So by adding homicide to the list here - obviously that would help us out."
Flynn mentions the July 2021 case where a three-year-old boy died and two adults were wounded as bullets were sprayed at a neighborhood barbecue in Buffalo. Two individuals were eventually prosecuted through gun tracing.
But a frustrated Flynn also discussed the situation with witnesses in that case.
"Those two people who survived and were shot saw nothing. Of the approximately 50 to 60 people who were outside that evening - I had one person come forward and that was a relative of the poor three-year-old who passed away."
Flynn and others agree this is a proposed tweak to the 2020 Bail Reform state law which calls for a more expedited exchange of case information between prosecutors and defense attorneys
Defense Attorney Barry Covert with Lipsitz, Green, Scime, Cambria LLP makes this point.
"The judges already have an understanding of what their ability is to provide for protective orders where there's a claim that the name of a victim or witness is sensitive and must be protected. This now expands it to homicide cases so I believe that the system will continue to work the way it has been functioning for the last two years. The way it's been functioning for many years in the federal court and we should be able to work our way through this."
RELATED STORY: