Witnesses: The Power To Make Or Break A Case

In the 2004 Law & Order episode Can I Get a Witness?, a boy named Henry Ware is shot dead in a park in front of several witnesses. The killer, a one-eyed man on a bicycle, is soon identified as Foster Keyes, a local drug dealer whom Henry had confronted. Despite the numerous witnesses to the crime, Keyes is not brought to justice as he and his cousin Ronald Slug Duggan intimidate and bribe the witnesses, even going so far as to have one of them, Jimmy, killed.

Murder of Henry Ware

On a bright sunny day, in a crowded park, Henry Ware, also known as "Big Boy", was shot dead. The murder was committed by a one-eyed man on a bicycle, who even cycled past a crowd as he fled the scene. Henry's friend Jimmy Connor and a girl named Shayna Rosario identified a local drug dealer named Foster Keyes as the murderer. Henry had slapped Keyes' girlfriend for making fun of him, which led to Keyes killing him.

Keyes was charged with murder. Shayna and Jimmy, who were key witnesses, received death threats, and Shayna refused to testify. Jimmy testified at a Grand Jury hearing but was then murdered as well. The prosecutors then learned that Keyes' cousin, Ronald "Slug" Duggan, had a long history of witness intimidation. He hired his friend Calvin Rivers to kill Jimmy, but Rivers was also too scared of Slug to testify. The prosecutors then convinced Shayna to appear in court and promised to protect her.

McCoy and Southerlyn returned to Shayna and convinced her to testify, promising that they would protect her. They were then able to re-arrest Keyes and Duggan. McCoy told the jury about Keyes' long history of witness intimidation and murder, but Shayna panicked on the stand and declined to name the killers directly. In the judge's chambers, she explained that Duggan took her to meet Wills as part of his attempt to "convince" her not to talk, thus making Wills complicit in the illegal intimidation. Back on the stand, she admitted that Duggan did not openly threaten her but slipped her money and made pointed comments about Big Boy's death, making her feel as though she was "dead already".

The jury found Rivers guilty of Jimmy's murder, but Keyes and Duggan were found not guilty on all charges, to the dismay of the prosecutors.

Witness intimidation

In the episode, Henry Ware, also known as "Big Boy," is shot and killed in a busy park by a man on a bicycle. The killer is identified as Foster Keyes, a local drug dealer, who commits the crime in retaliation for Henry hitting his girlfriend. There are numerous witnesses to the murder, including Jimmy Connor and Shayna Rosario, who initially identify Keyes as the perpetrator. However, both Shayna and Jimmy receive death threats, leading to their reluctance to testify. Unfortunately, Jimmy is murdered as well, and the case against Keyes starts to unravel.

Keyes has an extensive history of witness intimidation, and it is later discovered that he hired his friend Calvin Rivers to kill Jimmy. Rivers, too, is afraid of Keyes and initially refuses to testify. The prosecutors then focus their efforts on convincing Shayna to appear in court, promising to protect her. Despite these assurances, Shayna is intimidated by Keyes' cousin, Ronald "Slug" Duggan, who has a history of witness intimidation himself. He bribes and threatens Shayna, attempting to destroy her credibility and prevent her from testifying.

The episode "Can I Get a Witness?" effectively showcases the challenges posed by witness intimidation and the efforts required to counter it. It is a complex issue that can involve strategic complexity and uncertainty, as criminals cannot be sure if threats will deter witnesses, and witnesses cannot know if threats will be carried out. Witness intimidation can take both case-specific and community-wide forms, affecting not only individual witnesses but also the overall cooperation within a community.

Jimmy's murder

In the Law & Order episode "Can I Get a Witness?", Jimmy Connor, a witness to the murder of his friend Henry "Big Boy" Ware, is killed. Henry was shot dead in a busy park in broad daylight by a man on a bicycle, who witnesses heard say "keep your hands off the goods". Jimmy's friend Shayna Rosario, another witness, identifies the killer as local drug dealer Foster Keyes, whose girlfriend Henry had hit. Shayna and Jimmy both receive death threats, but Jimmy testifies at a grand jury hearing anyway and is subsequently murdered.

McCoy declares his intention to prosecute Keyes for witness intimidation and murder, but without Shayna's testimony, the case falls apart. The detectives turn their attention to Jimmy's murder, suspecting Keyes and his cousin Ronald "Slug" Duggan, who has a history of witness intimidation. They trace a "Mr. X" on Jimmy's prison visitor sign-in sheet to Duggan, but he provides an alibi. Further digging leads them to Calvin Jacob Rivers, Duggan's former partner-in-crime, and they conclude that Keyes and Duggan hired Rivers to kill Jimmy.

Shayna eventually agrees to testify, and McCoy tells the jury about Keyes' history of witness intimidation and murder. However, Shayna panics on the stand and fails to directly name the killers. She admits that Duggan slipped her money and made pointed comments about Big Boy's death, making her feel threatened. The jury finds Rivers guilty of Jimmy's murder, but Keyes and Duggan are acquitted of all charges.

Shayna's testimony

Shayna Rosario was one of the two young witnesses, along with Jimmy Gordon, who identified Foster Keyes as the murderer of Henry Ware, also known as "Big Boy", in a busy park in broad daylight. Henry was Shayna's friend, and Keyes was a local drug dealer. Henry had struck Keyes' girlfriend, Jannette Richards, so Keyes had a motive to harm him.

Shayna soon became reluctant to testify, as she and Jimmy received death threats. Despite this, Jimmy testified at a Grand Jury hearing but was murdered soon after. With Jimmy gone, the prosecutors were aware that they had little evidence to work with without Shayna's testimony. They convinced her to appear in court and promised to protect her.

During her testimony, Shayna privately told the judge and McCoy that Ronald "Slug" Duggan, Keyes' cousin, had tried to talk her out of testifying. Duggan had a history of witness intimidation. He had also bribed her with a large sum of money. Duggan's lawyer, Gerald Wills, denied the allegations, and Shayna was forced to admit that she had been bribed. Wills used this to convince the jury that Shayna was a liar, and Keyes and Duggan were acquitted of all charges.

Credibility of witnesses

In the Law & Order episode "Can I Get a Witness?", the credibility of witnesses is a central theme. The episode revolves around the murder of a boy/teenager, Henry Ware, also known as "Big Boy", who is shot in a park in front of several witnesses. The murderer is a man on a bicycle, later identified as Foster Keyes, a local drug dealer.

Keyes is charged with the murder, but the case against him starts to unravel as the witnesses are threatened, and one, Jimmy, is killed. The prosecutors then focus on getting another witness, Shayna, to testify. She initially refuses due to death threats, but the prosecutors convince her to appear in court, promising protection. However, Shayna's credibility is destroyed by the defence lawyer, who gets her to admit that she was bribed and offered money to not testify. As a result, Keyes is acquitted of all charges, highlighting the impact of witness credibility on the outcome of a trial.

In a legal context, witness credibility is of utmost importance. It can be influenced by various factors, including the witness's demeanour, such as ease, anxiety, or evasiveness; the substance of their testimony, including its plausibility, consistency, and reliability; and any potential biases, interests, or motives that might affect their testimony. For example, a witness with a prior conviction or a favourable relationship with a party might be seen as less credible.

Additionally, character evidence, while allowed in certain situations, may have limited probative value and could distract from the main issue. It can also be highly emotive, influencing the trier of fact's decision based on their feelings about the witness's character. Nevertheless, in some jurisdictions, such as California, a witness's credibility can be attacked by presenting evidence of a felony conviction, particularly those involving moral turpitude, under specific legal provisions.

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