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Specifically, the victim testified that the defendant’s friends repeatedly drove the defendant’s cars by her house, and circled her block several times.

Two witnesses also testified that they filled out written reports for the defendant that recounted their sightings of the victim around time, and that the victim had been followed on errands, etc.

In response, savvy Prosecutors try to protect their witnesses and stack charges by filing Tampering With a Witness and/or Witness Intimidation charges.

Both crimes are serious felonies which can undermine any defenses to underlying criminal charges.

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Relevant Facts: Defendant was accused of stalking his ex-girlfriend, and the State presented substantial evidence that defendant had threatened her, and had directed several of his friends to follow her and report back to him on her activities.

See the Comment to WPIC 86.02 (Threatening to Bomb or Injure Property—Elements).

This guide focuses on the issues and responses that are most relevant to police, although useful resources for prosecutors are highlighted where appropriate.

Tampering With a Witness A person is guilty of Tampering with a Witness if they attempt to induce a witness or person whom is called as a witness in any official proceeding to (1) testify falsely or, without right or privilege to do so, to withhold any testimony; or (2) absent themselves from such proceedings.

Each instance of an attempt to tamper with a witness constitutes a separate offense.

The victim was fearful of the defendant and his friends.

testify; or to testify in a manner which acquits the defendant of any crimes.

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