Legal Question in Criminal Law in Massachusetts

Witness Interference

At divorce pretrial for custody I submitted 18 affidavits from friends and family that know I am a good father. Two witnesses were threatened in writing if they did not recant there affidavits they would be sued for libel. iwas told witness have imunity. Unfortunately the damage is done I lost two very credible witness one (a pediatric nurse). I feel this is witness interference.

My question. is it legal to witness tamper in civil cases?

MGL witness tampering seems to apply only to criminal cases?

If this is legal it is a tatic that worked very well. It is very difficult to find witness willing to go to court as it is.

I want to press criminal charges. Any help would be greatly appreciated.


Asked on 1/05/04, 11:19 pm

1 Answer from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Witness Interference

Truth is an absolute defense to a liable action. Affidavits are normally not admitted in divorce cases. The right to sue is not witness interference. You can overcome such action by summonsing these persons for a trial or a hearing on the merits. Sounds like a contentious process, I hope that you have an attorney up to the tass - there is going to be blood letting.

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Answered on 1/05/04, 11:54 pm


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