Q: What can be done if the written statement is that of the witness’s girlfriend instead of the witness?
The officer took a statement from my ex-husband, when I received the discovery I noticed the statement is filled out by what looks to be a female’s handwriting, but I know for a fact that it’s not my ex husbands hand writing. His name is at the beginning of the statement and he signed and dated the statement. Is that legal? My case is based off this statement and it is a recollection of the girlfriends said events, in his name. is the fraudulent? And what about the sheriff that knowingly took the statement from her and signed by him?
A: Not knowing all the details, but as long as it's his words, his evidence, it doesn't matter if he wrote it or dictated it to someone. Often police officers will take the statement, write as they are speaking with the witness and then have the witness sign the statement.
Dimitrios Makridis agrees with this answer
A: It’s probably the officer’s handwriting. It’s pretty common for them to write it up, have the person read it, and sign it if they agree that it’s accurate.
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