SJC rebukes DA for participating in witness reward program

SJC rebukes DA for participating in witness reward program

By Charis Anderson / The Standard-Times | Tuesday, September 28, 2010 | http://www.bostonherald.com | Local Coverage

NEW BEDFORD — The state Supreme Judicial Court on Monday upheld the murder conviction of reputed Monte Park gang member Wayne Miranda, but issued strong disapproval for the prosecution’s participation in a reward program that helped convict him.
Miranda was convicted in July 2008 of second-degree murder, assault and battery with a dangerous weapon, and unlawful possession of a firearm in connection with the 2005 shooting death of Christopher A. Barros.
The justices said they "expressly disapprove" of the prosecution’s involvement in the reward program sponsored by the New Bedford Area Chamber of Commerce through which witnesses are paid for testimony that leads to a conviction, the ruling stated.
Two of the prosecution’s witnesses received payments through the program, according to the ruling.
The court ruled that, in the future, prosecutors may not provide, or participate in providing, conviction-contingent monetary awards to witnesses.
"The interests of justice ... are not well served when a witness’s reward is contingent on the conviction of a defendant rather than the provision of truthful information or testimony," the justices wrote in their ruling.
The chamber’s program offers witnesses a $3,000 reward if they provide information that leads to a defendant’s indictment and another $2,000 if the information results in a conviction.
Payment of the rewards is conditioned on the chamber receiving a verification letter from the District Attorney’s Office stating that a given witness had provided information that led to an indictment, conviction or both.
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