A 43-year old New Yorker has been charged with murder in the second degree. The prosecution alleged that the defendant was involved in the murder of an eyewitness to the said murder and sought to introduce the witness’ grand jury testimony at the defendant’s trial on the ground that the defendant waived his right to confront the witness.
The records of the case showed that the witness was the only civilian witness to testify before the Grand Jury. The witness said that he saw the shooting of man he knew by name who he described was a security guard but who was not wearing a uniform at the time of the incident. According to the witness’ mother, she asked her son to change his testimony or not to testify because she received several phone calls telling her that her son was the cause why another man was in jail. The caller also allegedly asked the witness’ mother to testify on behalf of her son and tell the grand jury that her son was a drug addict and that he had not seen the crime that he claimed to have seen. The mother said the caller never threatened her nor her son. The records showed that the mother only gave this testimony after her son was killed. The witness’ body was found in a deserted oversized alley. He had been shot 16 times and sustained a shot gun blast as well as bullet wounds. His mother said her son had been living in the streets because of his drug involvement and refusal to seek help and family guidance.