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When a DA makes a false statement in opening of a death penalty case and it is proven false in the transcript what recourse

La Grande, OR |

As soon as the DA public statement to press that was proven false in court the judge put every under a gag order then opening she lied to the jury what can be done to this type of conduct

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Attorney answers 3


Not enough facts to provide an answer. Anything further would be speculation. A gag order general affects statements made outside of court. I don't know if the statement were prejudicial, if the defense attorney objected, if the judge made a previous ruling on the statement.

Assuming the absolute worst conduct then it may be possible for the case to go up on appeal.

This answer does not constitute an attorney client relationship. I am not your attorney.


Really this is a tactical question for the attorney in the case. There may be several avenues of recourse, depending on the statement, but that's a strategy decision for the attorney.

No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia


This is a question for the state bar association. I can tell you, however, that as a defense lawyer, when the DA makes statements in their opening (whick is NOT evidence) that they can't prove, I get to rub their faces in it when I do my closing. Openings are nothing but a road-map, and lawyers have a pretty broad scope of what can be said.

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