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"Prosecutors Defend False Testimony as 'Truthful, but Inaccurate'"

By Douglas A. Berman

The title of this post is the headline of this new article in the National Law Journal. Here is how it gets started: Federal prosecutors in Chicago have asked a judge to reconsider her ruling last month that four convicted drug traffickers deserve a new trial because prosecutors engaged in misconduct. The prosecutors from U.S. Attorney Patrick Fitzgerald's office on Sept. 18 filed a motion for reconsideration in the case, telling U.S. District Judge Joan Lefkow that the government witness who she determined gave false testimony at the trial actually "was truthful, but inaccurate."  When taking into account additional evidence not cited in Lefkow's decision and viewing the case as a whole, no finding of misconduct is justified, the prosecutors argued...continue to full post

Full post as published by Sentencing Law and Policy on September 23, 2009 (boomark / email).