Posted 2:26 pm Monday, May 17, 2010
Friends, Family Of Suspects Motivated To Testify For Many Reasons
By KELLY GOOCH
Staff Writer
Friends and family testified in the trial of Jessie Smith because they felt "very strongly" that a murder had occurred, Cherokee County District Attorney Elmer Beckworth said.
Staff Writer
Friends and family testified in the trial of Jessie Smith because they felt "very strongly" that a murder had occurred, Cherokee County District Attorney Elmer Beckworth said.
Smith, 41, who is from the Rusk area, was being tried on charges of murder, deadly conduct and felony possession of a firearm in connection with the Aug. 19, 2007, death of James Keon Jordan.
And although witnesses were cooperative, Beckworth said, at least one may have had a vested interest in testifying.
Officials believe there are many reasons people decide to testify against a friend or relative during a trial.
Beckworth said people will testify because they feel the person has done something so wrong that they have to do the right thing.
A person also may be closer to the victim than the perpetrator, he said.
In child abuse cases, Beckworth said, family members either support the victim or want justice.
He said relatives of the perpetrator also sometimes even pressure the child or non-offending family member to recant their story.
Beckworth recalled a 2001 child molestation case in which a defendant was trying to make arrangements with another inmate to kill witnesses who would testify against him.
The defendant even drew a map of where he wanted the inmate to go, he said.
However, the inmate told authorities about the plot, and the defendant ended up getting a life sentence.
Smith County District Attorney Matt Bingham said many witnesses testify against a friend or relative simply because they are subpoenaed and have to testify.
"A lot of times, there are relatives that have information or they're the victims and they have information and they testify," he said. "Some want to and some don't, but they generally will come in and do the right thing."
He added, "Friends and relatives do testify against a defendant where they have knowledge that a crime occurred."
There also are times when a co-defendant is charged with a crime and, if the co-defendant is willing to cooperate with the case, they will sometimes receive a benefit for testifying, such as a lesser sentence.
That can happen "if their testimony is truthful and they're willing to provide evidence that we would otherwise not know or not be able to get in front of the jury …," Bingham said. "People who commit a crime together will always have information that law enforcement does not know, whether it's the planning, execution, carrying out the crime (or) what they did afterward."
A polygraph test also is typically administered to a co-defendant, helping to ensure their truthfulness, he said. However, the polygraph is not admissible in court.
Defense Attorney F.R. "Buck" Files said the first time he saw a client make the decision to testify against a co-defendant was in the 1960s.
He said it was a question of "did he want to get more punishment or less punishment?"
"My client was looking at a life without parole sentence (in a cartel case), and when it was all over, he spent 45 months in a federal penitentiary and six months in a halfway house and went back to his family," Files said. "During the trial, he received death threats from a co- defendant. He testified in Tyler, in Miami and was prepared to testify in New Jersey on major drug cases. … He helped the government dramatically, and he was rewarded for his help. He had brought in 25,000 to 30,000 pounds of cocaine into Texas."
Bingham said he has also had people say, "I will tell you the truth because it's time I do the right thing."
"Friends and family are not always excited about testifying. You have to almost treat them as a hostile witness to get them to say what they know," he said. "Other times, they will say exactly what's occ-urred because it's the right thing to do."
Additionally, Bingham said, children will testify against their relatives in child molestation cases.
"I've never met a child that that's something that's easy for them to do," he said. "That is always an extremely difficult, horrific process for the child. … For some children, it's more difficult to do than others, based on the child's personality or strength."
Bingham said he always is skeptical of inmates who call in from the jail with information about another inmate.
"I will have people at the jail calling in and saying, 'I heard this guy say this or that, but I want a benefit,' and right off the bat, I'm suspicious," he said.
From a psychological perspective, some people might testify against friends or relatives because the information they have is the truth, said Dr. Wilson Renfroe, a psychologist with Clinical Asso-ciates of East Texas.
He said emotions also could prompt someone to testify.
"Their logic is overwhelmed because of the emotion of the situation," Renfroe said. "Often times when emotions are involved, people don't always make good decisions."
Additionally, he said, people might testify because of vengeance, power, control, or to get back at the person.
Bingham said no matter the reason the person decides to testify against a friend or relative, the jury or the judge can attach as much credibility to the testimony as they want to.
When a co-defendant testifies, he said, the jury is instructed to judge the testimony like with any other witness. However, they still can take into account any benefit the co-defendant might be receiving.
"I have sat and watched jurors listen to people who have done horrible things who have accepted their testimony as they would any other witness," Files said. "Angels are seldom witnesses to deals made in hell."
