Can a prisoner (once he is free) sue the victim for false sworn testimony?A

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Can a prisoner (once he is free) sue the victim for false sworn testimony?A

A man hit another with a bat causing an inch and a quarter cut in his forehead. Ten stitches were required, two subcutaneous. He drove himself home from the hospital. The victim, under oath, said he was beaten sixteen times, had 39 stitches, and a concussion. He also falsely stated the lives of his family were threatened. The actual medical records were available, but on the advice of his lawyer, the man waived a trial and plead no contest. Based on the false testimony of the victim and his family, the man was given eight years instead of the probation which was expected. Can he sue?

Asked on June 27, 2009 under Personal Injury, Ohio

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Although I do not practice law in the State of Ohio, there appear to be a few issues at play here.  First, how did the alleged victim give "sworn testimony" if the defendant waived a trial? in other words, how was that "sworn testimony" considered by the judge in the sentencing process of if there was no evidentiary proceeding for the alleged victim to be put under oath at?  On the other hand, if there was some sort of evidentiary hearing where the victim was put under oath, then why didn't the defendant's attorney have the medical records on hand for use in cross examination?  Prior to evaluating the merits of any potential claim, these facts would first have to be clarified.


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