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Potential Federal Criminality Produces Sufficient Nexus for Witness Tampering

By Jonathan Byrne

US v. Harris: Codefendants Harris, Royal, and Smith were involved in a firebomb attack on the home of a community activist in Baltimore. The woman, a long time resident of the neighborhood, had begun providing information to Baltimore police regarding drug dealing in the area. As a result, she was subjected to a pattern of harassment that culminated with a firebomb attack on her home. Harris, Royal, and Smith were charged and convicted of, among other things, witness tampering and conspiracy to commit witness tampering.The main issue at trial, and the crux of the defendants arguments on appeal, was whether there was a sufficient nexus between the information provided by the victim, the attempt to silence her, and a federal investigation. The district court rejected arguments that the Government, so secure convictions for witness tampering, was required to prove that the victim had or was likely to contact federal authorities...continue to full post

Full post as published by Fourth Circuit Blog on August 23, 2007 (boomark / email).