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How does one file a complaint regarding perjury?

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?

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Attorney answers 1


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: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: | Online:



She has a PCR attorney now. I have reason to believe the DA knew that he was presenting false evidence to the court as he was doing it. Is this ethical? I understand I can't compel a prosecution but can the DA prevent the police from investigating a crime against a citizen? Is the DA liable for defamation if he makes a statement in a local newspaper that was completely untrue regarding the outcome of the trial? The DA protects himself against defamation by preventing that investigation.



I found Mr. Bodzin's reply to be unresponsive and therefor not helpful.