Following Succesful Middletown Gang Raids that Resulted in 23 Arrests... Schumer: Witness Intimidation Could Bungle Upcoming Trials & Set Recently-Arrested Hudson Valley Gang Members Free - Pushes Legislation to Help Local Law Enforcement Protect Key Witn

Press Release

Today, at the Middletown City Court, U.S. Senator Charles E. Schumer announced that he is pushing legislation to help law enforcement protect witnesses during trials, to ensure that gang members and other criminals get the sentences they deserve. The legislation Schumer supports comes following another successful gang raid by the Hudson Valley Safe Streets Task Force, which swept up 23 known criminals off of Middletown streets. The task force, which was established with Schumer's help, has also conducted successful gang raids in Newburgh. In order to prevent witness intimidation that could disrupt trials and result in criminals being set free, Schumer is pushing for passage of a bill that makes witness intimidation a federal crime, and toughens sentences for those who attempt to intimidate a witness. The legislation would increase the maximum penalty to 30 years in prison in the case of attempted murder of physical violence against a witness, increase the maximum sentence to 20 years in jail for other types of witness intimidation, and would lead to new standards for tougher sentences when individuals attempt to obstruct justice. Schumer called for swift passage of the legislation to ensure that Hudson Valley gang members that are still on streets cannot unfairly influence the trials of the members who were captured during recent raids.

"Thanks to the efforts of the Hudson Valley Safe Streets Task Force, the streets of Middletown and Orange County became safer earlier this month, with the arrest of 23 known criminals," said Schumer. "However, it is critical to see these arrests across the finish line, and ensure that prosecutors can build the strongest case possible against these drug-peddling gang members, a big part of which relies on witnesses and their ability to testify safely during these prosecutions. That is why I'm unveiling a proposal to ensure that witness intimidation is a federal crime with harsh sentencing and penalties, so that witnesses in the prosecution of gang members like those arrested during successful raids in Middletown and Newburgh are safe and can help ensure that prosecutors put those criminals behind bars for times that match their crimes. The FBI, state and local law enforcement officials have made great progress in recent years to combat the devastating effects that gangs can have on the Hudson Valley, and this legislation will help double our efforts and keep up the fight to get all of these drug-peddling gang members off the streets."

Schumer was joined by Mayor Joseph DeStefano and members of the local law enforcement community as he unveiled his plan that would beef up witness protections and allow prosecutors to build strong cases against criminals and gang members and to deliver the sentences that they deserve. The State Witness Protection Act, which Schumer co-sponsors with Senator Bob Casey, aims to make witness intimidation a federal crime and to strengthen penalties for those who attempt to prevent a witness from testifying in a court of law. Schumer noted that in light of the prevalent gang activity in Orange County, especially in places like Newburgh and Middletown, this legislation is critical to ensuring that drug-peddling criminals and gang members receive the strong and fair sentences that they deserve. For example, the successful Middletown gang raids that resulted in 23 arrests a few weeks ago mean that their trials will be set to begin in the coming months. In anticipation of these and other gang trials, Schumer will push for this legislation to help ensure that the success of the Hudson Valley Safe Streets Task Force, local law enforcement and FBI officials is followed by strong and fair trials that keep those gang members behind bars and off Hudson Valley streets.

In the early morning on February 9th, the Hudson Valley Safe Streets Task Force, composed of FBI, state and local law enforcement officers, conducted a successful gang raid in Middletown and the Town of Wallkill and arrested 23 known criminals. This series of raids targeted alleged members of the 9 Trey set of Bloods, a national gang, and resulted in the seizure of a drugs, weapons and thousands of dollars in cash, including heroin, a semiautomatic pistol, an H&R revolver and more than 100 rounds of ammunition. The Task Force was in search of 33 defendants with conspiracy to distribute narcotics, including heroin, powdered and crack cocaine and marijuana. Two defendants also face weapons charges. The Task Force is still in search of 10 more criminals. The drug charge carries a mandatory minimum sentence of 10 years in prison and a maximum of life. The firearms charges carry sentences of up to 10 years. The Schumer-backed legislation would help prosecutors build strong cases against criminals like these, and would combat and punish individuals, such as gang members still on Hudson Valley streets that attempt to intimidate witnesses in relation to these prosecutions in the coming months.

The State Witness Protection Act first aims to allow federal prosecutors to investigate and bring charges on witness intimidation. Specifically, this legislation makes it a federal crime to kill, attempt to kill, use or threat of physical force, harass, intimidate or attempt to intimate, or offer anything of value to another individual, with the intent to influence, delay, or prevent the testimony of an individual in a State official proceeding. The bill would also make it a crime to cause a person to withhold testimony, to prevent communication of information of the crime to a law enforcement or a judge, and to retaliate against a witness for their attendance or supply of information at a State proceeding. Also, the legislation would cover cases involving interstate or foreign commerce, either through communication, personal travel, or the transfer of a weapon.

Schumer noted that the State Witness Protection Act also sets tough new penalties for witness intimidation. This provides the same penalties that currently exist in federal court in the case of a killing of a witness, including the possibility of the death sentence. It also increases the maximum penalty to 30 years imprisonment, up from the current state penalty of 25 years, in the case of attempted murder or the use of physical force. The bill sets a maximum of 20 years imprisonment for other types of witness intimidation, up from no more than 7 years under state law. Finally, the Schumer-backed bill would direct the United States Sentencing Commission to increase federal sentencing guidelines for obstruction of justice.

Schumer has been a leader in the fight to combat growing gang violence in Newburgh and the Hudson Valley, and has long advocated bringing FBI and Department of Justice resources to local streets. In April 2009, with Schumer's help, the FBI established the Hudson Valley Safe Streets Task Force, which consists of local, state, and federal law enforcement agencies, which utilizes cooperating witnesses and undercover officers for their investigations, often making small street-level drug buys--mostly crack cocaine--from gang members over a period of time ahead of sweeping raids and arrests.

"Getting these criminals off the streets was step one, but not we need to send them to prison and shut the door firmly behind them," said Schumer. "Toughening these penalties and cracking down on witness intimidation will make current gang members think twice before they meddle in the trial of one of their comrades."

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