Posted on 03/08/2016 9:53:56 AM PST by RightFighter
Perjury is very hard to prove. He doesn’t have a choice in the matter. He has to tell the truth.
I suspect he doesn’t want to tell the truth or he didn’t tell the truth previously and that is why this issue has come up.
He does have a choice. He can tell the truth, or he can stand mute. Not a good choice to have to make in his situation.
So what is the penalty for continuing to refuse to testify even if granted use and derivative use immunity?
Indefinite jailing for contempt of court? How does that compare to the perjury penalty or the penalty if convicted on the original indictment?
When you take the oath in court to tell the truth, that’s probably what you should do.
In the other 5 trials, the defense attorneys might want to ask the court to prevent the State from introducing what the State regards as false testimony. Then introduce transcripts of the accusation. How can the state proclaim Porter is a liar and also insist his testimony is critical to the State’s case? At minimum, the jury will have something to think about.
Ever hear of the United States Constitution? Might want to read it some time.
“nor shall be compelled in any criminal case to be a witness against himself”
Bump to your tagline.
MUST?
Yes, Must. The prosecution wants to require him to testify with limited immunity. He can still be prosecuted for perjury by the state if they decide to do so, and they’ve already accused him of lying in his first trial. So, it would seem that if he’s consistent and he tells the same story he told in the first trial, they think he’s a liar and will try to charge him with perjury, but if he changes his story to something that they want him to say, then he could be prosecuted for committing perjury in the first trial.
Maryland “Freak State” PING!
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