If convicted, Dinkins and Gilbert, who is accused of murdering John Dowery, the federal witness West failed to kill, could be put to death, while Goods could receive a maximum life term. Put another way: There's a lot riding on the testimony of people with "reprehensibly low" credibility, according to one of Gilbert's attorneys.
"There's no DNA, no forensics, no bullet, no fiber, nothing to directly link Mr. Gilbert to these murders, not a fingerprint," lawyer Jonathan Van Hoven told the jury during opening statements. There's "nothing but the testimony of people you are not going to be able to trust or believe."
In the case of Dinkins et al., federal agencies paid $55,000 over several years to put up one witness, who, it turns out, was selling drugs on the side while under FBI protection. And the U.S. attorney's office has cut all sorts of deals in exchange for testimony, ensuring that some of the city's offenders will be released from prison far earlier in exchange for their testimony.
"The general goal is to work your way up the chain. You want to offer the best deal to the people who are lowest on the totem pole," Rosenstein said. But "sometimes somebody who's a major criminal player gets there first."
West pleaded guilty to second-degree attempted murder in state court with a recommendation that he serve 30 years, 15 of them suspended. He wasn't charged with any of the other crimes he confessed to, and he won't be - if he fully cooperates in this case. His plea agreement is held in a sort of suspension until he meets his end of the bargain.
That gives him a strong incentive to say whatever the government wants to hear, defense attorneys said. Dinkins' lawyers filed a motion to exclude cooperating witness testimony because it's "unreliable" and could cause "unfair prejudice" against their clients, and they asked for a hearing to determine their reliability.
Presiding U.S. District Judge J. Frederick Motz dismissed the request, saying it raised "ordinary questions of credibility." And in an interview, Rosenstein said investigators try to ensure credibility by independently verifying information or through recordings if possible.
"We never want to go into court in a position where we're relying entirely on the credibility of a witness who has credibility issues," Rosenstein said.
