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lie-enforcement in Onslow,NC (CRIMINAL LAW & PROCEDURE)

Tue, 29 Mar 2005 18:13:00 GMT

What is the name of your state? NC
Approx. one year ago I escorted a female out of my nightclub. The officer in the parking lot arrested me for assault. On his warrant he lied and said that he saw me strike her and bash her head into a stucco covered block wall. This never happened! During court he testified that he never saw me hit or strike her in anyway. What can be done about his lie that has costed me $10,000 and more so my dignity and an extreme amount of embrassment.

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  • Tue, 29 Mar 2005 23:18:00 GMT(1)
  • Quote:

    Originally Posted by stefinnc

    She said that Police Officiers do not lie. What planet is she from? SHe did not feel it was worth investigating.

    To clarify:
    You have court documents that consist of;
    1. A sworn warrant that has officer X's name signed on it that he states he "saw him (your name) hit her"
    2. Sworn court transcripts that have oficer X saying "I never saw him (your name) hit her"
    Did I get it right?
    If so, I believe that everyone here would say go run to a civil attorney and file against him for violation of civil rights and perjury. I think that would be the charge. Anyone?
  • Wed, 30 Mar 2005 08:52:00 GMT(2)
  • Quote:

    Originally Posted by panzertanker

    To clarify:
    You have court documents that consist of;
    1. A sworn warrant that has officer X's name signed on it that he states he "saw him (your name) hit her"
    2. Sworn court transcripts that have oficer X saying "I never saw him (your name) hit her"
    Did I get it right?
    If so, I believe that everyone here would say go run to a civil attorney and file against him for violation of civil rights and perjury. I think that would be the charge. Anyone?

    That seems to be what the OP is saying ... however, I suspect that the language in the affidavit or on the stand was not so clear and unequivocal. It could also be that on cross-examination the officer was forced to agree that he did not actually see the impact but, perhaps, the recoil of the victim or something to that effect.
    It is quite possible for a witness to be twisted up on the stand and still to find that the crime of perjury for a prior statement has not taken place. At least in CA proving the crime of perjury is almost impossible. A mistake or misperception is not perjury. The officer would have to have knowingly (and usually maliciously) falsified a sworn statement to be found guilty of a crime.
    After talking to a NC civil attorney the OP should know his answer. If it's cut and dry, attorneys will be lining up at his door. If they aren't ... it's NOT so easy.
    - Carl
  • Tue, 29 Mar 2005 22:55:00 GMT(3)
  • And of course you have talked to a civil attorney, right? What did he/she say?
    - Carl
  • Tue, 29 Mar 2005 18:16:00 GMT(4)
  • What did the prosecuting attorney say when you stopped by to demand the officer be charged with falsifying a police report and perjury.
  • Thu, 31 Mar 2005 17:45:00 GMT(5)
  • I have ordered the court transcripts. The court reporter is on vacation so it will will a week or so before I can get them in my hands. At that point I will take them to a civil attorney and go from there. I'm located in eastern NC and will soon be searching for representation. Thanks everyone for your help and advise.
  • Tue, 29 Mar 2005 22:16:00 GMT(6)
  • She said that Police Officiers do not lie. What planet is she from? SHe did not feel it was worth investigating.
  • Leave a Comment Now.

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