A Witness Lies, the Court Shrugs and Veterans Are Outraged

A Witness Lies, the Court Shrugs and Veterans Are Outraged

This is a discussion on A Witness Lies, the Court Shrugs and Veterans Are Outraged within the Law Enforcement, Military & Homeland Security Discussion forums, part of the Related Topics category; Need to read it, as I can't capture it all. http://tinyurl.com/27jquvw Jury convicts a man based on witness lies. All lies. Mr. Swisher [the witness] ...

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Thread: A Witness Lies, the Court Shrugs and Veterans Are Outraged

  1. #1
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    A Witness Lies, the Court Shrugs and Veterans Are Outraged

    Need to read it, as I can't capture it all.

    http://tinyurl.com/27jquvw

    Jury convicts a man based on witness lies.

    All lies. Mr. Swisher [the witness] had never seen combat, had killed no one and had served without distinction. The document was a forgery. Mr. Swisher has since been convicted of lying to federal officials, wearing fake medals and defrauding the Department of Veterans Affairs of benefits for combat injuries.
    United States Court of Appeals for the Ninth Circuit doesn't think the lies matter.

    Decision has outraged veterans.

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  2. #2
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    Ninth Circus Court of Appeals is well known for their grossly liberal verdicts, this is just another example of their idiotic views.
    When you have to shoot, shoot. Don't talk.
    "Don't forget, incoming fire has the right of way."

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    This appeals court decision makes me puke.

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    Ninth Circuit is an embarrassment to the Constitution it swore and oath to uphold

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    The only question the appeals court had to consider was whether or not there was sufficient grounds for overturning the conviction of Hickson. Their conclusion really has nothing to do with the lies told by Swisher (if any) about his background. That is irrelevant to Hickson's conviction if the appeals court believed that the conviction could stand anyhow.

    This really has nothing to do with the stolen valor issue.

    The issue of perjury if any can be taken up by prosecutors if they feel it necessary. Basically, just because a person lies about one thing doesn't mean they are lying about something else. Swisher could be the biggest liar in the world about his military record but still be truthful about whatever testimony he gave.

    Here's the relevant piece of information from the article, "There was no reason to think the jury would have come out differently had it known of “Swisher’s routine, rather than heroic, military history,” Judge Carlos T. Bea wrote."

    Without reading a complete trial transcript, which the appeals judges no doubt had available and were briefed on, we can't second guess their decision.

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    Quote Originally Posted by Hopyard View Post

    Basically, just because a person lies about one thing doesn't mean they are lying about something else. Swisher could be the biggest liar in the world about his military record but still be truthful about whatever testimony he gave.
    True. However, the creditability of a witness is important in jury deliberation, IMHO.

    Quote Originally Posted by Hopyard View Post
    Here's the relevant piece of information from the article, "There was no reason to think the jury would have come out differently had it known of “Swisher’s routine, rather than heroic, military history,” Judge Carlos T. Bea wrote."

    Without reading a complete trial transcript, which the appeals judges no doubt had available and were briefed on, we can't second guess their decision.
    Does the appeals court have access to the jury deliberation? How do they know how much Swisher’s testimony played in the jury's decision?

    YMMV, but if the prosecution thought Swisher’s testimony was important enough to present to the jury (in the first place) and jury was lied to during that testimony, then the creditability of a witness to the jury is important enough to demand a retrial -- IMHO.
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    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

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    Quote Originally Posted by DaveH View Post
    True. However, the creditability of a witness is important in jury deliberation, IMHO.



    Does the appeals court have access to the jury deliberation? How do they know how much Swisher’s testimony played in the jury's decision?

    YMMV, but if the prosecution thought Swisher’s testimony was important enough to present to the jury (in the first place) and jury was lied to during that testimony, then the creditability of a witness to the jury is important enough to demand a retrial -- IMHO.
    The appeals court doesn't have any information on jury deliberations unless for some reason the judge allowed the defense to quizz the jurors as part of the preparation for the appeal. But, the appeals court can certainly look at ALL of the evidence presented and determine that the jury would likely have reached the same conclusion of guilty even without that one person's testimony; that is, that the evidence is sufficient that the verdict should not be overturned. It really depends on how the judges feel about the strengths and weaknesses of all the other evidence presented.

    P.S. I have no idea what this case is about or who the participants are other than what is presented here in this discussion.

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