Gangs use fear to slow search for justice

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It has been barely two weeks since former Washington Redskins safety Sean Taylor, 24, was shot and killed at his suburban Miami home as part of a botched burglary. Already, four suspects have been rounded up, charged and scheduled for arraignment on Dec. 21.It has been almost a year since former Denver Broncos cornerback Darrent Williams, 24, was shot and killed while riding in a limousine on a downtown Denver street early on New Year's morning. No one has yet been charged in the killing.Why the difference? The most obvious answer is the involvement in the Denver case of a street gang with a reputation for murdering witnesses. Local authorities have had a much harder time than Miami authorities getting the witness testimony they need."The old saying applies," said the Rev. Leon Kelly, who runs Open Door Youth Gang Alternatives in northeast Denver. "I'd rather be judged by 12 than carried by six."So the first anniversary of Williams' shooting appears likely to pass without charges in the popular cornerback's death. But that doesn't mean charges aren't coming. In gang-related murder cases, sometimes it takes a while for witnesses to surface or, as in this case, to face other charges that make a plea deal more attractive.Local authorities have the luxury of knowing that Williams' killers are already in custody, thanks to the massive federal drug bust in April aimed at the same gang, a subset of the Tre Tre Crips, targeted in the Williams investigation."They have the people that were involved in it," Kelly said. "With these (drug) indictments taking place, part of the plea bargain for certain ones is that they would testify. I know the prosecutors feel good that they can bring closure to a number of the open cases that we have here in our city."But relative to Darrent, already one of the persons that took the plea bargain had a relative, who is incarcerated, they beat him bad. I did an interview last week with CNN about the witness protection program. I tell folks that these people don't only have to be concerned about their safety but the safety of their families and their close friends. The day we did the interview was the same day that relative was beat down."That sends out a message: Don't talk. Don't talk. So the challenge that the prosecutors are going to have is to secure these witnesses in a way that they feel that they're not signing their own death warrants."The federal drug charges give local authorities more clout in these plea negotiations. Federal time is serious time. A defendant convicted of conspiracy in the drug case could expect to face a sentence of 15 years to life -- and to serve 85 percent of it.The feds also have many more resources than the state in the field of witness protection, including the ability to relocate witnesses and give them new identities. But, as Kelly pointed out, there are often friends and family to worry about as well.And cooperation between federal and state authorities is not always what local prosecutors might hope. In October, they watched a Denver district judge dismiss attempted murder charges against Brian Hicks, an alleged gang leader caught up in the drug case, because the feds wouldn't make him available to stand trial.Denver D.A. Mitch Morrissey wanted to try him for the attempted murder of a witness -- the 2005 shooting of Kalonniann Clark. Clark was killed in a subsequent shooting a week before she was to testify against Hicks.Even if Denver prosecutors are able to re-file those charges when the federal case is finished, the October dismissal didn't help prosecutors trying to persuade potential witnesses to cooperate. If witness killers are not punished, it is hard to see the disincentive for further attacks on witnesses.Meanwhile, nearly a year after the Williams shooting brought attention to Denver's growing gang problem, not much has changed. Kelly remains convinced that City Hall would rather protect Denver's national image than aggressively attack the problem."I think I'm up to 39 on my death list for '07," Kelly said. "In the metro area, not Denver, per se. Because Denver was talking about, 'Today we only have eight gang-related homicides.' No, no, no. Those don't include the open cases."In fact, for the longest time, Denver police declined to identify the Williams slaying as gang-related, even though the gang melodrama that led to it has been all over the street since shortly after it happened."I would like to be optimistic that eventually they will come up with a case strong enough to prove beyond a reasonable doubt," Kelly said.This much I know: Local law enforcement authorities are committed to seeking justice for Williams in court. I'm guessing a second anniversary will not pass before they do.(Contact Dave Krieger of the Rocky Mountain News at www.rockymountainnews.com.)