I have a question on purgury and mis trial. My wife's niece's husband was just convicted for ISDI, Involentary Sexual Divate Intercourse. Basicly the testamony was he said she said and a taped phone conversation which you could not understand what our nephew said without reading the transcript but you could here her very clearly because of the way the wire tap expert set up the mic. He used an ordinary portable sony cassette tape recorder. There was no physical evedence other than a dna report which was not incriminating to our nephew. When she gave her statement at the hospital to the nurse and then to the first officer that came to the hospital to take her statement it was identical that his penis only touched her lips. And then she signed a paper stating that what she said was true and punshable if knowingly giving a false report. Then when she was questioned by the lead detective incharge of the case, she changed her statement to his penis touched her teeth because the dectective admitted on the stand that he kept asking her if she is sure that it only touched her lips and did not touch her teeth. And after a few times of him asking she changed her statement. And then when she was on the stand when asked she said that it touched her teeth. she made statements different to the ones made in the pilimiary hearing concerning other events. It is our conclusion that The jury convicted him on the charge of ISDI solely on her statement made to the detective and on the stand that it touched her teeth. Also they did do a wire tap and during that conversation she said "Dude You almost stuck your D--- in my mouth, your lucky I didn't bite it". In which the words "You almost stuck your D--- in my mouth" was not printed in the transcript.
he was also charged with a second degree felony and one misdemeaner.
Now with all the different statements she made under oath why isn't she charged with purgury? And by those words being left out of the transcript is there grounds to appeal and decission of a mistrial granted?
And would the other 2 charges be droped also?
This happened in the state of Pennsylvania.