Legal Question in Criminal Law in California
Da investigator lied on discovery document
I was falslely accused of a crime in 1991. Because I was innocent I rejected the plea bargain and went to trial. I was convicted and served 8 years in prison. I got out in 2001. The DA investigator was the primary prosecution witness and the author requesting the arrest warrant. New evidence has come to light that the DA investigator falsified a discovery report. The report was suppose to reflect her interview with my therapist. This month I spoke with the therapist and he told me that the discovery document was a lie-he did not say those things and is willing to testify. Unfortinately, this piece of discivery was not submitted to the jury for consideration however, this new info proves she falsified the police document and goes to her credibility as a witness and brings her into question. Do I have enough to try and reopen my case? Are statutes of limitation expired for civil action against the investigator?
2 Answers from Attorneys
Re: Da investigator lied on discovery document
A special motion/writ might be available to you which would enable you to erase your conviction. From the facts you present, it appears you have a good shot but you would have to overcome some legal/procedural hurdles.
Please feel free to contact me for a free consultation.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
Re: Da investigator lied on discovery document
This sort of information can support a petition for a writ of error coram nobis, which, if successful, would remove the conviction. Whether the writ would succeed will depend on many factors. Even assuming you can persuade the court that the investigator lied (which is far from certain), the court may conclude that his testimony was not critical and that you would have been convicted anyway.
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