Witness killing central to trial
Man charged in homicides, plot will represent himself
A Milwaukee man charged with killing two people, plotting to kill a third and trafficking heroin will represent himself during a massive trial that starts Monday and highlights the growing problem of witness intimidation.
Antonio Smith, known as “Tone,” is charged in two 2015 homicides: the killing of Eddie Powe and the fatal shooting of a witness to that homicide, Breanna Eskridge, 17, eight days later.
Prosecutors say Smith, 35, then orchestrated a plot to kill another witness, John Spivey, from behind bars. Two other people charged in that plot, including Smith’s former girlfriend, have pleaded guilty and are expected to testify against him. Shaheem M. Smith, Smith’s nephew, is charged in that plot and is set to go on trial with his uncle.
In a case already marked by witness intimidation, some experts say Smith’s self-representation could be seen by those testifying as intimidating.
“I think it is (intimidating), but it’s not unfair if you really think about it,” said Hermann Walz, a former prosecutor and current defense attorney who teaches at John Jay College of Criminal Justice in New York.
“There’s nothing you can do about it,” Walz said. “He has a right to
defend himself. Whether you should or shouldn’t is another question.”
Smith’s attorney from pretrial proceedings, Tom Erickson, will remain at his side during the two-week trial to assist him when needed. And if Smith wants to hand the attorney duties back to Erickson, he could do so during the trial.
Jurors likely will hear testimony from Smith’s codefendants and other witnesses, view ballistic evidence, hear recorded jail calls detailing the foiled murder plot, see portions of 16 letters Smith wrote in jail and learn about stingray technology.
The stingray mimics a cellphone tower and captures all calls in a certain area. The technology has raised concerns among privacy advocates that information is illegally obtained. A judge granted the information could be admitted in this case because Milwaukee police had a search warrant to use “available technology” to locate Smith and take him into custody.
The trial has been delayed repeatedly for various legal issues. It was again late last year when Smith had gallstones removed.
Smith’s trial will touch on several hallmarks of violent crime in Milwaukee — witness intimidation, heroin
dealing and seemingly impulsive acts of violence with ready access to firearms. Those factors, among others, contributed to a historically deadly year in 2015 with 146 people killed. Last year, the city recorded slightly fewer homicides, with 141 victims.
The case also is yet another example of how gun violence clusters in tight networks of people, a fact investigators have said can deter witnesses from coming forward. Witnesses who are related to shooters or live in the same neighborhood or went to the same schools may be reluctant to cooperate, knowing they may have to deal with that individual or their family for years to come.
Kevin McCarthy, a former federal and state prosecutor and adjunct professor at John Jay, says it’s not a problem unique to Milwaukee.
“Witness intimidation has become a particular problem where crime rates have remained high despite the general trend toward lower crime rates across the country,” he said.
What is slightly unusual in Smith’s case is that he is representing himself, McCarthy said.
“A courtroom scene can be intimidating for witnesses under more normal circumstances,” he said. “With the defendant representing himself, it increases the possibility for intimidation and maybe the trial judge would be careful about trying to make the courtroom situation as controlled as possible.”
“Witness intimidation has become a particular problem where crime rates have remained high.” KEVIN MCCARTHY, FORMER PROSECUTOR