Key witness in murder case has memory loss
Prosecutors say woman, 17, is being intimidated
By DAVID RYAN
Register Staff Writer
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.
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ADark1 wrote on Jun 3, 2008 2:02 AM:
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:
MarkMiwords wrote on Jun 3, 2008 9:41 AM:
Gator wrote on Jun 3, 2008 10:32 AM:
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:
musikluvr wrote on Jun 3, 2008 7:52 PM:
jaydubious wrote on Jun 5, 2008 8:08 PM: