Posted on 03/08/2016 9:53:56 AM PST by RightFighter
It is only perjury if you lie. If he lies, or is proven to have lied, why should he get a pass?
Keeping the #BlackLadsMurder crowd from igniting Baltimore again. #SacrificialLamb
“Looters will be Shot” would solve a lot
I’m not sure you understand. The state has already accused him of lying during his testimony in the first trial. No matter what he says, someone will say he’s lying.
Not to mention that you have an absolute right NOT to speak if your testimony could be used against you. The Maryland Court of Appeals appears to think that state immunity can trump Porter’s right against self-incrimination.
Imagine being asked questions out of order about events from two years ago. Imagine having those questions repeated several times in each of several trials. Imagine then being prosecuted for even minor discrepancies. The problem is that he is a target and the prosecution is vindictive. Even if he tries to tell the truth, he is in grave danger. This ruling is inappropriate.
The courts in Maryland are not blind for justice, they are demanding a conviction. Either take it to the US Supreme Court or have him take the 5th for every question.
They may SAY whatever they wish. Don't they have to PROVE IT?
This could potentially place Porter in jeopardy for perjury or for his testimony, despite state immunity, could be used against him in federal prosecution.
Why is this a problem?
The article says he may have an appeal.to SCOTUS. If he does and they take jurisdiction it will be fun to see the outcome. All of the DemonCrap justices are real hawks when it comes to criminals’ rights. How will they vote when it comes to a black cop who’s a defendant in a trumped up criminal case?
He does not need to lie. He only needs the prosecutor to charge him with lying. That would necessarily follow a finding of dismissal or not guilty. IOW the city prosecutor has demonstrated this charade will continue until someone is found guilty of something.
Yup. He takes the 5th, the state judge holds him in contempt and locks him up, his lawyer runs to the nearest federal judge and gets a writ of habeas corpus, and the jailer lets him walk.
Do you seriously not understand why it’s a problem?
Does he have federal immunity as well. Because the feds could bring a civil rights prosecution against him as well.
He’s probably better off taking the contempt penalties.
No. He has no federal immunity. And he has no state immunity from perjury charges.
We demand riots. Freddie’s dead. That’s what I said.
What if he just told the truth?
Who’s to say he didn’t tell the truth in his first trial? The state already accused him of lying, though.
1. Telling the truth won’t do you any good when you have a corrupt system.
2. If it is immunity offered by the state prosecutor, it isn’t going to bind DOJ. So anything he says can and likely will be used against him in a federal prosecution.
3. He’s already been targeted by the prosecutor. If they can trip him up so that he doesn’t say exactly the same thing each time, they’ve got him. If you repeat the same story enough times, sometimes you will remember additional details, and sometimes you may forget a detail.
4. If they need his testimony that badly, they should offer full transactional immunity, and arrange for the feds to agree to not prosecute.
As to contempt - once the evidence closes, there’s no reason to keep him in jail to compel testimony, so they should let him out on a civil contempt citation at that point. Not sure what Maryland has in the way of criminal contempt, but that would entail a trial all its own. And I’d certainly put the DA on the stand and give her a taste of her own medicine.
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