Editorial: Funding witness protection program should be top priority for General Assembly
It is both heartbreaking and infuriating that the man accused of killing three people in downtown Norfolk in March may never see the inside of a courtroom. Charges against him were dropped on Nov. 1 when two witnesses failed to appear for a hearing.
The judge in the case had no choice, nor could the prosecutors move to intervene. This was up to the witnesses who, for reasons known only to them, failed to perform their civic duty and help uphold our system of justice.
Given that this is an all-too-common occurrence, standing up an effective witness protection program in Virginia must be a top priority of the General Assembly in January. That initiative enjoys widespread, bipartisan support and it’s past time to see it done.
On March 19, three people — Sierra Jenkins, 25; Devon Harris, 25; and Marquel Andrews, 24 — were killed and two others were wounded in a shooting outside a downtown Norfolk restaurant. Jenkins was a reporter for The Virginian-Pilot and Daily Press.
Police arrested Antoine M. Legrande Jr. of Norfolk in May, charging him with three counts of second-degree murder, five counts of use of a firearm and two counts of malicious wounding. Law enforcement said their investigation was complicated by the lack of surveillance footage, despite the crime happening in the heart of downtown, and have not disclosed what evidence led to the arrest.
While Legrande is innocent of the charges until proven otherwise, the victims’ family found comfort in the arrest and hope in the prospect of justice following the deaths of their loved ones.
It now appears that hope was fleeting.
On Nov. 1, two witnesses that the prosecution considered critical to the case did not appear for a preliminary hearing. Deputy Commonwealth’s Attorney Scott Miles asked District Judge Michael Rosenblum to grant a continuance, but the judge declined because, per Pilot reporting, “a previous court hearing a different judge had said no more continuances would be allowed.”
That left Miles no choice but to request the charges be dropped, with the possibility of refiling them if more evidence can support them or if circumstances change with the witnesses. The two who did not appear were under subpoena and must appear on Nov. 30 to explain their absence.
For now, there is no explanation for the families or the public. We only know that those who were there when the shooting occurred did not come forward at this critical moment to tell the court what they saw.
We also know that witnesses failing to appear in cases involving serious and deadly violent crimes is a continuing problem for the justice system. Some may harbor distrust of the authorities or the courts, but many are fearful that testifying will have repercussions for themselves or their families.
That is why Norfolk Commonwealth’s Attorney Ramin Fatehi is among those calling on the General Assembly to fund Virginia’s witness protection program, which was created in 1994 but suffers from a lack of financial support. Portsmouth Commonwealth’s Attorney Stephanie Morales has also called for fully funding the program.
Fatehi has made clear that both Republican and Democratic majorities in Richmond have failed to follow through and stressed that making the program effective and available must be a bipartisan effort.
On this, he may soon have help.
In Norfolk last month, Gov. Glenn Youngkin announced a new anti-crime initiative that includes “providing additional resources to victims and witnesses.” Those resources include lodging, transportation and protective monitoring to ensure the safety of those who serve the public good by testifying.
This case may be personal to these families and, of course, our news organization, but it is only one of numerous examples where a fully funded witness protection program could help improve public safety in communities across Virginia.
No more excuses. If lawmakers want to strike a real blow against dangerous criminals, protecting good citizens who stand up when it counts is an easy way to do so.
