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Key witness in murder case has memory loss
Prosecutors say woman, 17, is being intimidated
Monday, June 02, 2008
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Prosecutors in a Napa County murder trial say one of their principal witnesses is being intimidated.

A key prosecution witness in the trial of two Vallejo teens accused of murdering an American Canyon teen told the court she did not remember the testimony she gave from a preliminary hearing almost a year ago.
That testimony had directly stated that now -18-year-old Junor Douglas was the shooter of Anthony Gee, 16, of American Canyon at a 2007 sweet 16 birthday party being held in the same city.

It’s more than just memory loss for Napa County District Attorney Gary Lieberstein, who is prosecuting the case. Lieberstein told Napa County Superior Court Judge Raymond Guadagni that his witness, a 17-year-old female, was the subject of at least two counts of witness intimidation.
Those counts stem from two letters Lieberstein told the jury earlier that Junor’s brother, Marquis, wrote to third parties asking them to get in contact with the witness to encourage her not to testify. One was written prior to a June 2007 preliminary hearing on the case and one was written afterward.

In court today, but outside the presence of the jury, the witness told Guadagni she didn’t want to testify. The Register is withholding her name to protect her privacy.
“I don’t recall anything,” she said, later adding “I don’t feel this is my place. It’s none of my business.”

The witness told Guadagni she was not threatened. Her grandmother, sitting near the witness stand for support, interjected at one point, saying her granddaughter “has fear.”

The witness repeated that she did not want to testify.

“I’m not going to be put in this position,” she said.

Guadagni told the witness there would be consequences if she refused to testify, and that he could order her to Napa County Juvenile Hall.

The witness later returned in front of the jury and testified. She said although what she said to police and the court at a June 2007 preliminary hearing was truthful, she did not remember any of it.

Lieberstein spent part of Tuesday reading her prior testimony in front of the jury. Lieberstein read back the witness’ own words placing Junor Douglas at the scene of the shooting, which led to a series of back and forth questions between Lieberstein and the witness.

At each series of phrases, the witness would say she did not remember testimony where said she saw Junor shoot multiple times at the garage of the house where Gee was killed, but that the testimony was truthful.

Sometimes, the witness’ memory of the night returned. She said she remembered going to the party to pick up a friend, though she couldn’t recall the identity of the friend. Then she told the court she remembered hearing gunshots that night, but not how many or who did the shooting.

The trial of the Douglas brothers is expected to last at least two more weeks.
7 comment(s)

ADark1 wrote on Jun 3, 2008 2:02 AM:

" Well,
Originally being a yankee, and NYC born and partially raised I wonder who remembers John Gotti!

Talk about....."Fuggetaboutit"!

>>>>>Rolls eyes and sips more wine! "

starling wrote on Jun 3, 2008 4:02 AM:

" This poor girl is obviously being threatened! Although I personally feel it is our duty to society to come forward as a witness to crime, especially a murder, I cannot help but feel that this girl is also a victim. If the prosecution wants this woman to testify, they need to ensure her safety for doing so. Whether that means putting her in a witness protection program, round the clock protection for atleast a few years, or arrest the brother and any other people that are threatening or could hurt her over this, then they need to do it. To threaten a reluctant witness to being incarcerated if they don't risk their own life to testify is just plain wrong! "

MarkMiwords wrote on Jun 3, 2008 9:41 AM:

" Fear can be a paralyzing thing. This girl is truly another victim of this senseless crime. I truly feel for her. The Napa DA needs to protect this young lady NOW so they can put these thugs in jail! "

Gator wrote on Jun 3, 2008 10:32 AM:

" Does anyone else smell "mis-trial"?
she should notbe forced to speak it again. They have her Grand Jury testamony, why can it not be used? this girl is SCARED! I don't know why. She is a victim too! She witnessed a murder (that alone is enough to traumatise anyone) and now has been threatened by whoever to forget or be sorry? That should add some charges, but Napa is famous for letting the guilty walk and heavy handing the witnesses.
Good luck to the DA. "

napasfinest wrote on Jun 3, 2008 2:09 PM:

" It is always hilarious to me how they expect these people to testify and risk yet another life. Watching the show "The First 48" is a perfect example of this. They get these witnesses to give up the information by breaking them down and ensuring their safety. But the next murder they investigate is most likely the murder of that "snitch". It's a never-ending cycle. I don't blame the people who witness these things and never utter a word. They shouldn't have to fear for their life also. "

musikluvr wrote on Jun 3, 2008 7:52 PM:

" The guy must be related to the Clintons. "

jaydubious wrote on Jun 5, 2008 8:08 PM:

" threatening this girl with juvenile hall in order to pressure her into testifying is a dispicable act. "

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