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  1. #1

    Default Prosecutor Won't Authorize Perjury Charges Over a False Testimony at Trial

    My question involves criminal law for the state of: Massachusetts


    2 ½ years ago TM (Female from Taunton,MA)swore out a (false) complaint against me (CG) with Detective SD of the Taunton Police Department. Apparently Det. SD had issues with the complainant's "story" from the start, as TM first came to Det SD on a Friday, and the detective sent her home and told her to come back Monday.
    The result of this report was the filing of charges (2 counts, indecent assault on a person over 14) against me, and when I voluntarily came to the Taunton Court House to resolve things, I was arraigned, and incarcerated on $10,000 bail. Now, 2 ½ years and over $40,000 later, I have finally been cleared of all charges. The jury took 13 minutes to come back with a "NOT GUILTY".

    I am now out a lot of money (unrecoverable by civil suit, since TM has no money herself) and 2 ½ years of stress, and hardship on me and my family. Now I also have to shell out more money to get my arrest records/court records sealed.

    I tried to file charges against TM for filing a false police report ( the proof is in the trial transcripts; even while reading the police report she couldn't get her story straight), perjury, and whatever else applies. In this situation, filing a false police report of a felony is in itself a felony, and is also perjury as defined under MA Gen Laws, CH 268, Section 1. Furthermore, she perjured herself in court, changing her story at least twice while on the stand.
    However, Det SD refuses to press charges against TM , and ADA DW (who tried the case for the Commonwealth) also has refused. Furthermore, he still believes that I committed a crime, and was very abrupt and dismissive with me on the phone.


    So far, I have contacted 7 different attorneys in Massachusetts, and received no answers from 5 of them, and a "no thank you" from the other 2.
    I even wrote the Governor's office, also with no result.

    I am asking for your help/advice in getting justice.
    I am an innocent man who was very badly hurt by TM's lies. My family,my wife and 3 small children were also hurt.

  2. #2
    Join Date
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    Default Re: Falsely Accused; Found Not Guilty. What is My Recourse

    Ok, all the statements made to police and in court have a broad immunity.

    Now, did she speak to others? Have you lost your job, job opportunities because of the utterances?

    Were you accused of a felony?

    DAs simply refuse to charge people with perjury (I guess they feel that if they did then witnesses would not appear).

    And clearly you want a lawyer to handle this potential case...you willing to spend 50K more on this subject?

  3. #3
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    Default Re: Prosecutor Won't Authorize Perjury Charges Over a False Testimony at Trial

    The reason you're having problems finding a lawyer is, as you were no doubt told, you have no course of action against the government officials involved. As the only person you *might* have action against appears to be judgement proof, you're pretty much out of luck.
    You can not FORCE the state to charge anybody. You are not the injured party in a criminal case, the state is, and if they can't see that they have a cause to act, you're again out of luck. You won't get your "pound of flesh" that way either.

  4. #4
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    Default Re: Prosecutor Won't Authorize Perjury Charges Over a False Testimony at Trial

    Quote Quoting flyingron
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    The reason you're having problems finding a lawyer is, as you were no doubt told, you have no course of action against the government officials involved. As the only person you *might* have action against appears to be judgement proof, you're pretty much out of luck.
    You can not FORCE the state to charge anybody. You are not the injured party in a criminal case, the state is, and if they can't see that they have a cause to act, you're again out of luck. You won't get your "pound of flesh" that way either.
    I wonder if it wouldn't make more sense to view chrisdgraves as the injured party/victim of TM who injured him by way of her perjurious statements. In which case absolutely she needs to be charged - which is not to say that she ever will be, in this PC world and judicial culture where everyone who claims the victim status, especially while female, seems to be almost taken at their word no matter whether they ever utter a word of truth.

  5. #5
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    Default Re: Prosecutor Won't Authorize Perjury Charges Over a False Testimony at Trial

    Quote Quoting plushevyitigr
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    I wonder if it wouldn't make more sense to view chrisdgraves as the injured party/victim of TM who injured him by way of her perjurious statements. In which case absolutely she needs to be charged - which is not to say that she ever will be, in this PC world and judicial culture where everyone who claims the victim status, especially while female, seems to be almost taken at their word no matter whether they ever utter a word of truth.
    Is there a reason why you've reawakened a 4 year old thread?

  6. #6
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    Default Re: Prosecutor Won't Authorize Perjury Charges Over a False Testimony at Trial

    Quote Quoting plushevyitigr
    View Post
    I wonder if it wouldn't make more sense to view chrisdgraves as the injured party/victim of TM who injured him by way of her perjurious statements. In which case absolutely she needs to be charged - which is not to say that she ever will be, in this PC world and judicial culture where everyone who claims the victim status, especially while female, seems to be almost taken at their word no matter whether they ever utter a word of truth.
    You can take whatever perspective you choose but the reality is; the state prosecutes cases of violations of the law. The injury to society is the violation of the law, regardless who the victim may be.

    It is quite unusual for perjury to be charged and in a case such as your where you were exonerated, even less common.

  7. #7
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    Default Re: Prosecutor Won't Authorize Perjury Charges Over a False Testimony at Trial

    He wandered over here from his own thread where Mr. K and I both told him that such perjury prosecution is unlikely. He thinks that if he raises a ruckus on this forum it's somehow going to sway the Massachussets legal system. I guess when I suggested he keep all is RO questions in one thread, he decided to counter by posting in lots of threads.

  8. #8
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    Default Re: Prosecutor Won't Authorize Perjury Charges Over a False Testimony at Trial

    Quote Quoting flyingron
    View Post
    He wandered over here from his own thread where Mr. K and I both told him that such perjury prosecution is unlikely. He thinks that if he raises a ruckus on this forum it's somehow going to sway the Massachussets legal system. I guess when I suggested he keep all is RO questions in one thread, he decided to counter by posting in lots of threads.
    I know we're good, but I didn't think we'd actually be able to change the MA legal system overnight.

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