Legal Question in Criminal Law in Colorado

Perjury?

At the end of the month I have to testify against a man who was arrested originally for his persistant harrassment of me (he may still be charged with stalking). He was arrested, convicted and sentenced almost immediately violated his restrianing order. Since I am the only witness in the case, I must testify. I'm worried now for two reasons- first, he scares me greatly and second, because when I initally went to the police regarding his actions I lied and said that I did not have sex with him- which is on the police report. Additionally, I lied to the D.A. and to my victim/witness advocate. I lied because I am very ashamed, I immediately knew it was a mistake and I don't want anybody to know. I did not lie about anything else. The evidence against him spoke for itself. But, I will not lie anymore. I will not commit perjury when I testify; however I'm concerned that perhaps I already have? I'm terrified not only of going up in front of a man who is going to become enraged when he sees me, but also of what may happen to me if I say ''yes, I did sleep with him'' in court. Will I be charged with perjury? I am literally sick with worry these days as the trial is nearing. I really need advice immediately.

Thank You.


Asked on 10/05/07, 6:04 pm

2 Answers from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Perjury?

Perjury requires that you lied under oath. Lying to a DA or victim/witness advocate is not normally under oath, so it is not perjury. NOW, what to do? (a) Motion to quash subpoena. You will have a hearing, where you can advise the court of your reasons for being terrified of this defendant. The mere filing of this motion will get the DA to treat you with more sympathy; (b)Motion for immunity- so what you say cannot be used against you. I advocate the motions approach, but that's me, and I try to do EVERYTHING by written motion.

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Answered on 10/06/07, 4:17 pm
Philip Rosmarin Rosmarin Law Firm

Re: Perjury?

Whether you committed perjury depends upon whether you made an oral or written statement under oath. Lying to the police, the DA, or the witness advocate, unless you signed a sworn statement, is not perjury. It is a misdemeanor to make false statements to police, but only if it materially relates to lying about the offense you claim the defendant committed. Whether you ever had sex with the defendant is not material to whether he harassed you. If there was a trial on the first charge, and you testified untruthfully, you committed perjury.

You certainly ought to tell the truth when you testify. The DA can substantially reduce the impact of your lies about the sex by asking you questions on direct examination -- before the defense attorney gets a chance to paint yoiu as a liar on cross-examination -- about why you lied before. Your shame is a reason that most jurors will sympathize with, because all of them have felt that emotion, and they are far less likely to regard you as a liar if you yourself first bring it up. Talk with the DA about it BEFORE the trial.

Good luck.

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Answered on 10/06/07, 3:42 pm


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