Witness Intimidation The Law's Response Author:Michael H. Graham Graham argues that to meet the problem of witness intimidation squarely, the system must eliminate the possibility of intimidation by preserving the victim's or eyewitness's testimony in a form admissible at trial. To do this, the legal profession must develop procedures to preserve prior out-of-court statements and to admit such statements as s... more »ubstantive evidence if the witness is deemed sufficiently trustworthy. Finally, Graham advances a new proceeding--the "preservation proceeding"--that would permit the prosecutor to bring a witness before a judge, magistrate, or specially appointed attorney for the express purpose of recording and preserving the witness's testimony.« less