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Posted by Robert
Rap News Network
8/21/2003 5:00:37 PM
The Philadelphia District Attorney's office is worried about witnesses' not showing up when Dwight Grant, better known as the rapper Beanie Sigel, goes on trial here on a charge of attempted murder.
That was indicated yesterday when Assistant District Attorney Deborah Robinson asked Municipal Court Judge Alan Silberstein to grant a "preservation of testimony" hearing.
Robinson later explained that when such a hearing is granted, testimony by witnesses is videotaped so that, if, for any reason, they are not physically present when the case comes to trial, their testimony can still be heard.
In 2000 and 2001, assault charges against the hip-hop artist from South Philadelphia were dismissed when the alleged victims did not show up to testify against him.
Cathie Abookire, spokeswoman for the DA's office, could not say how frequently a preservation of testimony is sought.
"It doesn't happen every day but it's not exceedingly rare either," she said.
Typically, prosecutors seek to videotape testimony when they believe witnesses may be threatened or intimidated into disappearing or changing their stories.
Robinson refused to say yesterday whether any witnesses against Sigel had complained of threats. In the current case, Sigel is charged with shooting and seriously wounding a man outside a West Philadelphia bar on July 1.
Silberstein did not rule on the preservation-of-testimony motion, saying that it had to be done by a Common Pleas judge.
Robinson said she would not outline her reasons for seeking videotape of witnesses until that hearing, which is to be before Common Pleas Judge Carolyn Temin, sometime next month.
Silberstein was scheduled to conduct a preliminary hearing for Sigel yesterday to determine if sufficient evidence existed to hold him for trial. However, Sigel's defense attorney, Fortunato N. Perri Jr., told the court his client wished to waive the hearing.
Sigel stood and, bobbing his head forward each time he replied, answered yes when the judge asked if he agreed with what Perri said and if he understood that a preliminary hearing was an opportunity to hear from witnesses and to cross-examine them.
Silberstein then formally held Sigel for trial and set an arraignment date of Sept. 10.
Perri told reporters the hearing had been waived because there was no doubt his client was going to be held for trial, whether the witnesses testified or not.
Robinson said the waiver meant the witnesses that she wants to have on record did not testify.
Sigel also faces federal charges of being a felon in possession of a firearm and possession of controlled substances. He is awaiting trial on those charges in federal prison, without bail.
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