On appeal, the Superior Court reversed Evans’ conviction for Solicitation to Commit Witness Intimidation. Additionally, Appellant’s attempt to pay the complainant was used against him as evidence of a guilty conscience in the Rape trial. Following a stipulated bench trial, Appellant was convicted of Solicitation to Commit Witness Intimidation and sentenced to 3.5-10 years consecutive to the 40-80 years he received when he was eventually convicted in the Rape case. The Commonwealth found out about the Appellant’s activities (likely because prison phone calls are recorded!), and they charged him with Intimidation, Conspiracy, and Solicitation to Commit Witness Intimidation. His girlfriend attempted to call the complainant a number of times, but she was never successful in reaching her. While he was incarcerated pending trial, he asked his girlfriend to contact the complainant and offer to pay her not to testify. In Evans, the Appellant was charged with rape and related offenses. In other words, the offer to pay must at least contain an implied threat that if the witness does not accept the money, there could be consequences. Instead, there must be some evidence in the record beyond mere speculation that the defendant intended to intimidate the witness. Evans, the Pennsylvania Superior Court held that a defendant may not be convicted of Witness Intimidation solely for offering to pay or paying a witness not to testify. Given the broad language of the statute, an issue arises when the defendant attempts to pay a witness not to show up to court but the offer of payment is not accompanied by any threats. Does paying a witness not to testify count as witness intimidation? bsent himself from any proceeding or investigation to which he has been legally summoned." 18 Pa.C.S. Under Pennsylvania law, a defendant is guilty of Intimidation of Witnesses if, "with the intent to or with the knowledge that his conduct will obstruct, impede, impair, prevent or interfere with the administration of criminal justice, he intimidates or attempts to intimidate any witness or victim to. For this reason, witness intimidation may be punished very severely upon conviction. Potential witnesses in criminal cases are often afraid that they could be threatened or harmed for testifying against someone, and that includes witnesses for both the prosecution and defense. Witness intimidation is a significant problem in criminal court and in Philadelphia specifically.
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