Secret Witness Spotlighted Attorney For Murder Suspect Wants To See Tipster’s Information
For the first time in 20 years, secrets of the Secret Witness program are at risk of being revealed.
A defense attorney wants to see anonymous called-in tips about a double murder his client, Joseph “JoJo” Andrews, is accused of committing in 1994.
Andrews, 26, faces a possible death sentence if convicted. Police say he shot Larry Eaves and Eloise Patrick, both 37, over a $1,000 drug debt.
Detectives followed tips received by Secret Witness after the shootings, but said none led to Andrews’ arrest. The tips aided police with background information only, detectives said.
Defense lawyer Phillip “Dutch” Wetzel wants to review the tips anyway, saying Andrews has the right to see all information police have relating to his case.
He is requesting the information police received under normal discovery rules, which require attorneys on both sides to present evidence to one another before trial.
Failure to disclose it “would violate (Andrews’) right to due process, his right to effective counsel and his right to confront the witnesses against him,” Wetzel said.
But prosecutors argue the tips were given in confidence to Secret Witness by private citizens who were guaranteed protection.
The program, run by civilians on a volunteer basis, offers cash rewards for information about certain crimes. Last year, more than 350 tips were called in to the 24-hour Secret Witness telephone line. More than 100 rewards were handed out as a result.
About 500 more tips are expected this year.
“It’s an effective tool,” said Steve Phillabaum, who oversees the program. “Many, many cases are cracked this way.”
If the information is ever made public, the entire Secret Witness program will be jeopardized, city officials said.
“People call in because of the confidentiality involved,” said Rocco Treppiedi, a city attorney who represents police. “Losing this will have a chilling effect on the way we get help solving crimes.”
It’s the first time Secret Witness officials have been faced with such a possibility in the 20 years of its existence in Spokane, Phillabaum said.
“We haven’t had this kind of pressure before,” he said, but noted the Andrews case could result in the death penalty, meaning attorneys must “leave no stone unturned.”
The case took a surprising turn last week, when a woman scheduled to testify against Andrews was found dead on Mount Spokane.
Prosecutors said Shannon Zielinski, 38, was “an important witness” in the case but refused to say what her testimony would have been. It is unclear if her death is related to the Andrews trial, detectives said.
Superior Court Judge Richard Schroeder will announce his decision on the Secret Witness matter later this week.
In earlier hearings about the confidential material, Schroeder said he was inclined to grant the defense’s request.
Phillabaum said he doubts there is anything in the Secret Witness record from anonymous callers that would help Andrews’ lawyers prepare a defense.
“But they don’t want to take our word for it,” said Phillabaum, also an attorney. “And I wouldn’t either if my client’s life was at stake.”
Identities of the Secret Witness tipsters will be protected even if Schroeder orders the program to turn over its reports, Phillabaum said.
Callers use code names to identify themselves and police do not know their names unless they agree to be interviewed, he said.
In some cases, however, the tip itself could give away the identity of the Secret Witness.
“That’s why it’s important we fight this now, before a precedent can be made,” Phillabaum said. “We have to be able to stand behind our promise of anonymity.”
, DataTimes