Tuesday, July 24, 2012

Admonition For Failure To Correct False Testimony

A Virginia three-judge court has imposed a public admonition of an Assistant Commonwealth's Attorney for misconduct in the prosecution of a convenience store robbery case.

Two witnesses who were present at the robbery agreed to testify against the defendant, who was not present. Both witnesses denied that they were receiving consideration or benefit for their testimony. This was false, as the prosecutor had agreed to advise sentencing judges of their cooperation and reduced charges against one of them.

The prosecutor "was present while they testified, [and] took no action to correct the testimony of either [witness]."

The defendant was convicted but, when the misconduct came to light, the verdict was set aside.

A pretty light sanction, I'd say. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2012/07/admonition-for-failure-to-correct-false-testimony.html

Bar Discipline & Process | Permalink

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