Censure For Failure To Promptly Correct False Testimony

The Tennessee Supreme Court has publicly censured an assistant district attorney who had failed to correct false testimony at a preliminary hearing. 

The matter involved the testimony of an investigator for the sheriff’s department who had “leaned over” to the prosecutor and advised that the evidence samples for the case were “in my car.” 

On direct examination, the prosecutor elicited testimony that the investigator had the samples to which he responded “I do.”

On cross examination, defense counsel asked where the evidence samples were to which he responded “currently in the sheriff’s office…[i]n the evidence…room.”

The prosecutor checked and confirmed that the last statement was false. The investigator prepared an amended investigative report to “explain” the false testimony but the defense was not told for six months and disclosure was never made to the court. (Mike Frisch)