Legal Question in Criminal Law in Tennessee

would it hurt

I attended a friend's sentencing hearing in Federal Court. The DEA agent lied about the number of times my friend had called him in rendering assistance to the federal government on other cases. My friend called faithfully every day and sometimes more than once and since it was long distance to call the DEA agent, I have a record of that on my phone bill. They never met with him even though he tried to talk to them every day. The DEA agent testified my friend called two or three times. This may be small but it's nonetheless a lie under oath by the DEA agent. This is what the Judge heard. He never heard the truth of how my friend did try to keep his end of the bargain and help the government. He has been sentenced and is in transit to prison but I just want the Judge to know this man lied under oath. There is nothing to gain at this point but I think the Judge should know the truth. Would it be okay if I wrote the Judge and told him this? It just stays on my heart to do this. I always thought the oath in a Court of law was sacred. Thank you for listening to my question.


Asked on 2/28/06, 7:09 pm

1 Answer from Attorneys
Kerry Haymaker Haymaker & Heroux, P.C.

Re: would it hurt

Generally speaking, I don't think it would hurt if the tone was civil. My larger concern is your friend. Depending on how much time is passed, he could try to reopen the sentencing hearing. The friend could alson allege ineffective assistance of counsel or prosecutorial misconduct through a Sec. 2255 action. At any rate, I think it would be advisable for your friend to discuss this with his lawyer or another lawyer.

G. Kerry Haymaker, Esq.

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Answered on 2/28/06, 7:57 pm


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