Court OKs Anonymity for Witnesses

In a decision that prosecutors say will strengthen efforts to protect witnesses from gang intimidation, a state appellate court affirmed Monday that the names of witnesses in a Los Angeles gang-related murder can be withheld from defense attorneys.

The ruling was criticized by lawyers for the defendants, who contend that it severely limits their constitutional right to cross-examine accusers.

The 2nd Appellate District Court ruling in Los Angeles upheld a lower court decision stemming from an alleged Mexican Mafia murder in Los Angeles County Jail.

In the 1993 killing, two jailed gang members allegedly stabbed an informant 37 times to gain favor with the Mexican Mafia. Two witnesses to the attack were later threatened with death, and a Superior Court judge ruled in favor of a prosecution request to protect them by keeping their identities secret.

“We conclude the trial court was correct,” the appellate court ruling stated. “When a witness’ life is at stake, an appropriate balance can be struck, with the judicial system doing its best to assure the defendant a fair trial under the circumstances while at the same time endeavoring to protect the witness.”

A recent Times series found that murder investigations in Los Angeles County often fall apart because witnesses are intimidated by the threat of gang retaliation. Some gang experts said Monday’s court ruling validates efforts by prosecutors to protect witnesses and will help guide lower court decisions in similar cases.

“This legitimizes our cause . . . bolstering what we are already trying to do,” said Michael Genelin, who heads the Hardcore Gang Unit for the Los Angeles County district attorney’s office. Lower courts “will see that this is the approved procedure, and they will follow that procedure.”

In trying to strike a delicate balance between protecting the rights of the witnesses as well as those of the defendants, the appellate court noted that defense lawyers would have access to grand jury testimony and the criminal histories of the witnesses, who are reputed gang members.

Defense attorneys will also be allowed to see the witnesses 30 days before the trial, court records state, but the witnesses do not have to identify themselves or speak to the attorneys.

Those limitations, defense attorneys said Monday, could hurt efforts to determine the veracity of the witnesses’ testimony.

“Obviously, there are real problems with threats to the safety of witnesses and some provisions have to be made, but that should not be made at the expense of defendants’ rights to due process,” said Robert S. Gerstein, who represents defendant Jorge Lopez. “That seems to me to be very unfair. . . . It’s a very serious problem.”

The other defendant is Joaquin Alvarado, whose attorney was not available for comment Monday.