And they all, in one way or another, could conceive it to be in their own best interests to achieve and retain the good will of the Government. Rather, it is a matter of discretion for the trier of fact (the jury in a jury trial or the court in a bench trial) to decide how credible the witness is in light of the lie. Five who testified in the case admit they lied to … That again is just how you would act in your daily lives. The witness, Alberto Torres, told a State Supreme Court jury in Manhattan that he lied when he told the grand jury on Nov. 18, 1982, that he did not know Irwin M. Margolies, the president of … On the other hand you might - after considering the extent of and motives for the lie - decide, ''Well, I'll be on my guard, but I'll continue to evaluate on its merits anything that person says.''. Assessing Lindenauer. But in my general experience the much more common problem is to determine the extent of a witness's ability to have observed the matters about which he is testifying, the interest he may have in the outcome of the litigation, and the emotional impact that intervening events may have had on the witness's ability or willingness accurately to recall the matters about which he is testifying. Ferguson witnesses admit they lied to grand jury. A witness who is angry or upset may appear to be less than objective. Additional concerns arise when the prosecutor knowingly countenances false testimony. A prosecution witness testified yesterday that he had lied before a state grand jury investigating the murders of two employees of a diamond company and three CBS employees ''because I feared for my life.''. In the case of a witness how does his testimony on cross-examination compare with what was said on direct? The Court also pointed out that witnesses who lie to the grand jury are subject to criminal prosecution. I am going to discuss with you in some detail the testimony of the witness Lindenauer, not because I think his testimony is more important than any other witness - that is a question wholly within your province to determine - but simply because all attorneys in the case spent so much time on this particular aspect of his testimony that it lends iteslf to illustrating the principles involved. Or, they could have caused him to color existing facts to make appear to be more incriminatory than they actually were. Witnesses including parties to the case provide testimony to the court that the judge and jury consider. The foregoing principles apply in varying degrees to all the so-called accomplice witnesses. Naturally he has a very real personal interest in the outcome of this trial. This is obviously a factor you will take into account in determining the reliability of his testimony. However, whether or not - and the extent to which - those observations are applicable to any witness in this case is entirely for you to say. Almost all of the important witnesses in this case were accomplices of one sort or another. In the second place, he was able to negotiate a plea which considerably reduced the total scope of the sentences that might have been imposed upon him had he been convicted of all his wrongdoing; and, finally, he hopes - as he specifically told you - that the testimony he gave in this case will induce the judge before whom he pleaded guilty to be lenient in imposing sentence. It can get especially exciting if the lawyer thinks the witness lied on direct examination and the lawyer tries to expose the lie to the jury during his or her cross-examination. Also, if the witness was not under oath and told a lie to the authorities that led to your arrest, the witness may have committed other offenses, like making a false police report. Some witnesses obviously lied while testifying under oath to the Ferguson grand jury that ultimately declined to indict 18-year-old Michael Brown, said the St. Louis county prosecutor in charge of … I now turn to the question of accomplices. See Mesarosh v. United States, 352 U.S. 1, 13-14 (1956) (refusing to credit witness’ testimony in defendant’s trial because of witness’s false testimony in other settings). The Importance of Witness and Jury Eye Contact Credibility, straight and simple. The decision of what persons should be prosecuted and what pleas of guilty should be accepted from persons who are indicted, are matters which the Constitution and statues of the United States have delegated to the Attorney General of the United States who, in turn, has delegated it to Mr. Giuliani and his counterparts in other judicial districts. If a witness had a motive to lie, you may consider whether and to what extent, if any, that motive affected the truthfulness of that witness's testimony. Did he appear certain about things that in your judgment he was in no position to have certain knowledge of? Lawyers aren't cheap, and he endured multiple grand jury proceedings because of Paul's testimony. Someone may say something to you which is wholly uncontradicted, but which nonetheless seems implausible to you. In the first place, Lindenauer told you that he had lived a life characterized by acts of wrongdoing, many of which involved deception. By and large people only talk to you if they want you to act on what they say. This is a digitized version of an article from The Times’s print archive, before the start of online publication in 1996. The witness, Alberto Torres, told a State Supreme Court jury in Manhattan that he lied when he told the grand jury on Nov. 18, 1982, that he did not know Irwin M. 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