Can I Get a Witness

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We can help assure them and get any information. But some people are completely uncooperative. Sometimes, you know people have witnessed it, but they won't say.

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Each case is different, but when witnesses are teetering on the edge, Shaffer said he'll try to appeal to their sense of duty or make an emotional case. If a witness cites personal safety as a concern, Shaffer said, police can add extra patrols and promise that a detective will stay in frequent contact. He said police will also work to protect a witness' identity — at least up to the trial, when they can't any longer.

State's Attorney Julia Rietz said her office also employs four advocates who work to help victims and witnesses feel comfortable.


When witnesses don't cooperate, Rietz has the ability to subpoena them and ask that they be held in contempt of court if they refuse to testify, as happened in Brown's second trial, which ended on Dec. Urbana attorney Jim Dedman, who represented one of two women jailed for refusing to testify, said putting someone behind bars for contempt "used to be" rare but it's becoming increasingly common. His client, Liniqua Blount, who hired Dedman after she'd been sent to jail, was ultimately released after agreeing to testify.

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In the event of uncooperative witnesses during jury trials, a prosecutor can also play back taped interviews with police, then ask the person why their story has changed. But in one of the three Brown trials that ended with acquittals, a prosecutorial error didn't allow one of Rietz's assistants to enter a previous interview into evidence, and the case was dismissed.

Rietz said she knew all three of the Brown cases would be difficult to prosecute, and said the error was a lesson for prosecutors. George Vargas has a different take.

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An assistant public defender who is running against Rietz for state's attorney in November's election, Vargas called the error unacceptable and said it was indicative of an overall lack of confidence in the state's attorney's office. Why would I do that when I don't trust the state's attorney's office to prosecute the case when my life is potentially on the line?


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