Proving its effectiveness
Keep watch on state witness protection program to ensure it works
Abipartisan General Assembly took an important step to fight crime in our communities last year by finally funding a witness protection program in Virginia. The budget agreement approved in September included $1 million for the initiative, lending hope that it would help get dangerous, violent criminals off the street.
Six months later, not a dime of that money has been distributed and there are worries that the design of the program could hamstring its effectiveness.
Evan as Virginians should hope for the initiative’s success, they should keep close watch as it unfolds to ensure it works as intended.
This week marked two years since a fatal shooting outside a downtown Norfolk bar claimed three lives: Devon Harris, 25; Marquel Andrews, 24; and 25-year-old Sierra Jenkins, a reporter for The Virginian-Pilot and Daily Press.
It is a solemn anniversary for their family members, friends and colleagues, one made more painful by the absence of justice. A man charged in the shooting was released in November 2022 when two witnesses central to the case did not appear at a preliminary hearing.
That is a common problem across Virginia, one that frustrates law enforcement and prosecutors alike, as well as victims and their families. Access to witness protection may not have helped prove that case, but leaders in the criminal justice system have repeatedly cited the lack of a fully funded witness protection program as a factor as to why even seemingly straightforward cases fail to result in convictions.
It’s a simple truth that even earnest, conscientious citizens will be reluctant to assist law enforcement if they fear the potential repercussions. Some never come forward, and others who do help law enforcement may buckle when asked to appear in court. Ensuring their safety should be paramount, but Virginia has, for too long, set aside that pressing need in favor of other strategies — or no real strategy at all.
The inclusion of $1 million for witness protection was an important, if under celebrated, achievement of last year’s budget deal. Technically Virginia has operated
such a program since 1994, but realistically it existed in name only due to lack of financial support from a succession of legislatures.
Commonwealth’s attorneys, including Norfolk’s Ramin Fatehi and Portsmouth’s Stephanie Morales, have been consistent advocates for funding, recognizing witness protection represents another tool in the box they can use to hold criminals accountable and protect public safety. The legislature’s agreement marked an important milestone.
Rather than sending that money to the Virginia State Police, which has administered the program since its inception, it went to the Department of Criminal Justice Services, which will distribute it as grants. Enrollment applications are due by March 28 and, according to the guidelines, jurisdictions can receive a maximum of $25,000 to offset costs for “lodging, medical, transportation, food, and relocation expenses.”
That may well be the way to make use of these funds, but potential pitfalls are apparent. Distributing the money as grants rather than as straightforward reimbursements for qualified expenses potentially adds a level of bureaucracy that could impede the swift distribution of funds. An arbitrary cap could mean that cities in desperate need of that money could exhaust their share, even as other jurisdictions never touch a dime.
And that’s to say nothing of the fact that this money was approved six months ago but has yet to go where it’s needed. Criminals didn’t stop doing crime while officials in Richmond draft language for a grant program, and when that money will actually be available is still anyone’s guess.
Now, this could all work. It could very well be that once the applications are processed, grants are approved and prosecutors can take the necessary steps to protect potential witnesses from harm or intimidation. Certainly all of Virginia hopes that, once it is fully functioning, this program will help get dangerous criminals off the street.
But all should keep an eye on how this unfolds, and lawmakers should be willing to revisit this issue if excessive delays, needless bureaucracy or unnecessary politics prove to be obstacles to success.