Kansas City, MO asked in Civil Litigation, Criminal Law and Civil Rights for Oklahoma

Q: Can an investigator be held accountable for perjury if his affidavit of support is heavily relying on the falsehood?

The falsehood was a flat out lie that I had no business at the courthouse on day in question. That my sole intention was to be there to harass and intimidate a person who has a protective order on me. There can't honestly be a valid reason he didn't know that I was the petitioner and the other was the respondant in a family court case that day. The other allegations never surfaced at my discovery. Originally the case was a misdemeanor with the victim & grandmother only complaint in report was that I attempted to make contact with my 4yr child. A DA changed the wording to caught on camera yelling at the victim & child dismissing and refiling as a felony for stalking having her investigator falsely state in affidavit I contacted victims fam and friends on Facebook harassing and asking about the victim. Rearrested me & set bond too high to post again. A different DA dismissed case after I got word to him that I had court with victim.

1 Lawyer Answer
Brian Boeheim
Brian Boeheim
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: It wouldn't be perjury, but it could be considered prosecutorial misconduct. The reality is that there is very little that can be done about these types of misrepresentations. It would just be passed off as a "reasonable belief" based on the informations and evidence they had at the time. The best thing you can do is support the other candidate the next time the DA comes up for reelection.

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