'Tragedy': Witness In MS-13 Case Slain Waiting To Testify

NEW CASSEL, NY — A witness who was preparing to testify against members of the violent MS-13 street gang was killed before he could take the stand after authorities were forced to hand defense attorneys evidence under new criminal justice reform legislation.

In October 2018, Wilmer Maldonado intervened when MS-13 members tried to threaten two boys, police and prosecutors said Wednesday. The gang members "senselessly attacked" Maldonado, beating him in the head with a bat and repeatedly stabbing him, the Nassau District Attorney's Office said.

Patrick Ryder the Nassau police commissioner, told reporters the assailants responsible were arrested days later for the attack as well as for intimidating witnesses, Ryder said.

On Dec. 10, the district attorney's office had a hearing about the case going to trial. At that hearing it was decided that all the information that had a protective hold on it for more than a year would be turned over to defense attorneys Dec. 20 so the defense could prepare for the trial under new criminal justice reform legislation. The trial was set for Jan. 6.

On Jan. 6, the people accused in the attacks would be able to see who was testifying in the case, including against them.

"After Jan. 6, a pattern of intimidation began," Ryder said.

On Jan. 30, a witness and victim in the case was shot at in New Cassel. On Feb. 1, Maldonado was beaten but managed to escape his attackers. A day later, Maldonado's body was found beaten behind a New Cassel home.

"He did not survive that beating," Ryder said.

Maldonado's name was protected via a protective order in December 2018. But his identity was released following a judge's order in December 2019 as attorneys prepared for the state's criminal justice reforms to take effect. Under new discovery rules, evidence must be turned over to the defense within 15 days.

"We had a protective order that the district attorney put in place for over a year to protect that information. To protect our victims that's what we do," Ryder said. "That protective order, because the new changes in the law, was lifted because the trial date was set for Jan. 6."

New York's criminal reform legislation has come under scrutiny since going into effect Jan. 1. Numerous law enforcement officials have criticized the laws and said it puts the public in danger.

In the Westbury case,authorities do not know if defense attorneys gave witness information to the defendants, but the pattern of intimidation began soon after that discovery period, Ryder said.

Ryder rebuked the criminal justice reforms, lamenting that the system failed in its purpose to protect victims. He called on lawmakers in Albany to make quick changes to the law.

"Justice reform is not taking care of our victims," he said.

Ryder said 15 days is "dangerous business" for law enforcement to have to turn everything over to the defense.

Madeline Singas, the district attorney, said the case underscores the importance of protecting witness names and victims

"We will bring everyone associated with this horrific murder to justice," she said.

In a statement Tuesday, Laura Curran, the county executive, called Maldonado's death tragic.

"I want to send my deepest condolences to the family of Wilmer Maldonado, she said "This is a tragedy. I am calling on Albany to take corrective action to fix criminal justice reform immediately."

New discovery requirements put victims and witnesses of crimes at risk, Curran said, and her sentiment has been felt and echoed by other law enforcement officials. Curran said some may be hesitant to report crimes or talk to law enforcement given the new layer of risk.

"We cannot let another murder happen because a witness may have been disclosed," she said.

She added: "Change this law now!"