How does one file a complaint regarding perjury?

Asked over 1 year ago - Burns, OR

After my friend received a grossly unjustified restitution sentence, I discovered a great number of false statements in her discovery package that were cited by the judge in his opinion letter. When I brought these false statements to the attention of the prosecutor, he told me he could not investigate these false statements until after I had reported the crime to the police. I reported the acts of filing false statements with the police. After hearing nothing for two weeks, I went back to the police and was told that the prosecutor had told them not to investigate the false statements. Filing false statements to the police is a crime in Oregon.

Can a prosecutor ethically prevent the police from investigating a crime such as perjury that resulted in assisting the prosecutor?

Attorney answers (1)

  1. Jay Bodzin

    Contributor Level 20

    2

    Lawyers agree

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    Answered . No private citizen can compel the state to prosecute anyone. Your friend's criminal defense attorney needs to be apprised of this evidence. It's too late to re-do the trial, but it may be possible for her to file for post-conviction relief. There are strict deadlines for this, so don't delay.

    I always tell people, don't get too excited about 'lies.' It is rarely compelling to tell a court that other people lied. Courts hear that constantly. What you need to do is to present evidence of the truth.

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more

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