Delaware Law Office
of Larry D. Sullivan, Esquire

A Weblog?
The column to the right, is a news/editorial/comment column. It is a weblog, also know as a blog.

The weblog thing comes from www.blogger.com, which offers us a convenient way to manage the posting, administratively. You don't really need to know all of that, but we have included this explanation so that you won't be confused by the term "blog".

Another important topic here is that since the column includes editorials and comments, you can be sure that we are just exercising our free speech rights as guaranteed by the Constitution and as not yet abridged by a reactionary opportunistic vocal minority.

opinions, everybody's got one...
If you would like your opinion published here, forward it for consideration and editorial review to: info@delawoffice.com.
Or add a comment. Comments by: YACCS

We encourage the exchange of responsible ideas.

Thursday, June 16, 2005

Perjury in the Courtroom, Blog Posting Revisited

 
A while back, I wrote a Blog entry about Perjury and its effect upon the judicial process.

I received an inquiry from a colleague regarding the topic. Here is the inquiry and my response:

Larry:

I read with great interest your article on perjury. I have a clear case in Family Court documented by a court transcript, deposition, and another court transcript. Is there anything my client can do? Civilly or criminally? Any comments would be appreciated.

Ron Poliquin, Esquire


Good Morning Ron,

I have re-read my article. It is sometimes interesting to read things that we have written in the past. I guess I was pretty peeved that day. But it is a serious problem and I stand by my pledge.

The primary technical difficulty as I see it is the proof issue.... proving that a person knew it was a lie when the person made the testimony.

The next hurdle is to make sure that the prosecution of this crime does not take the form of, or appear to take the form of, a continuation of the underlying litigation... either as a sour grapes response to losing or as a retribution against the other party after a win.

If these two hurdles can be overcome, I believe that the appropriate course of action is to present it to the Attorney General's office for prosecution. If the defendant is convicted of perjury, I might consider going back into the civil litigation with that ammunition for a correction or modification of the underlying civil decision.... if appropriate.

Keep in mind that it is an ethical violation to utilize the threat of criminal prosecution as leverage in a civil matter. So the hand-it-off to the prosecutor's office (with evidence) but without discussing this with the offender, seems to me to be the appropriate and prudent method.








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