Three suspected members of the Elite Eight gang, incarcerated for more than a year, want to know what witnesses have told prosecutors about their alleged roles in a drug conspiracy so they can defend themselves at trial.
But prosecutors are afraid that witnesses and co-defendants who are cooperating could be hurt or killed if their identities are revealed.
Investigators have said Brian Kenneth Hicks, Willie DeWayne Clark and Benjamin Cornell Thomas are members of what prosecutors call a violent gang. Some of its members are suspected in 11 homicides, including the death of Denver Broncos player Darrent Williams on Jan. 1, 2007.
Police also have linked the Elite Eight to the December 2006 killing of Kalonniann Clark, a witness who was set to testify that Hicks tried to kill her.
No one has been prosecuted in the homicides, but the gang was rounded up and indicted on federal crack-cocaine trafficking charges last year.
Wednesday, U.S. District Court Judge Wiley Y. Daniel told Assistant U.S. Attorney Stephanie Podolak to provide him with reasons why revealing the material to the defendants would put witnesses at risk.
Daniel said that would help him decide whether the risk is valid and determine if he can implement a procedure that would keep the informants protected while still providing the defense with information they need.
“The defendants need to know who their accusers are and if they can’t know that, then how can they have a fair trial?,” Daniel asked. “I don’t mean to be dismissive of your security concerns, but we have to find a way to address those appropriately.”
Podolak said she would not be comfortable revealing what the witnesses will testify to until 60 days before trial at the earliest.
“I understand the concern that they have, but I am in another position,” she said. “How do I share this with them without causing harm to the witnesses?”
Clark’s lawyer said 60 days is not enough time and the clients in some cases have been waiting since April 2007 — when they were first indicted — to get the information.
“Allowing the government to withhold that information before the eve of trial would be an ambush and that is not due process,” said Clark’s attorney, Alaurice Tafoya-Modi. “That is not what justice requires.”
Thomas’ attorney, Martin A. Stuart, told the judge that prosecutors allowed him to view some of the evidence against his client, but he had to sign a confidentiality agreement and can’t share the information with Thomas.
Felisa Cardona: 303-954-1219 or fcardona@denverpost.com
