A detective lied to the jury when trying to pass an indictment..?
the agent interviewed a witness and asked her if she had seen a gun after a robbery and the deposit bag that was taken from the location of the crime and in the taped statement she said 'NO'..during the process of passing a true bill the assistant attorney asked him what was the witness's response to his question and he said that she said 'YES'...when in the recorded statement clearly says the opposite..can that be grounds for a mistrial?
if it affected the outcome of the trial and was not factual, then YES it can be grounds for an appeal/mistrial. with matters like this though, it is always bes to speak with a lawyer, especially one who knows the case.
no. it is grounds to impeach the cop's testimony at trial, to try to make him out as a liar. That is what a trial is for.
Answer:
Its not grounds for a mistrial.
If the case has already gone to trial, and there was a conviction, it *might* be grounds for a new trial.
Normally, if a witness has perjured him/herself in front of a grand jury, the fact that they perjured themselves is a matter for the trier of fact (judge or jury) to weigh in determining the witness's credibility, as stated above.
A mistrial happens when there has been something happen during the course of a trial which either (1) renders a fair outcome impossible or (2) the jury is unable to reach a verdict in the case. Neither of those situations would apply here.
If the evidence of the perjury were determined AFTER a conviction, it *might* be grounds for a new trial. The problem is, retrials are rarely granted for new evidence. When they are, the appeals court must *generally* make a determination that the evidence was not available to the defendant at the time of trial, nor could it have reliably been made available and 2) (most importantly) that if the new evidence was made available to a different jury, that there is a substantial likelihood of a different outcome. In other words.. if its just the fact that the detective perjured himself with the grand jury.. is there sufficient other evidence to convict?
For a more detailed analysis, you need to contact an attorney licensed in your state who can give you more information about your case. For a referral, contact your local or state bar association.
Yes, it can be grounds for a mistrial, the detective committed perjury. When a material witness such as a detective commits perjury it is automatic grounds for a mistrial. You have to make sure that recording gets heard.



