Meyers’ client was arrested but charges weren’t filed. Meyers told the committee that the complaint stems from an incident in December, which other attorneys present at the hearing said was a misdemeanor assault case. The Kauai Police Department is also investigating the incident, according to Christensen’s written testimony. The ODC investigates complaints against lawyers. Kauai Deputy Prosecuting Attorney Robert Christensen lodged a complaint against Meyers with the Office of Disciplinary Counsel on Monday. But on the other hand, you don’t want to send a message that you can kill a judicial nomination by filing a complaint,” he said in an interview. “On the one hand, you never want to have to vote on someone where you know a complaint has been filed. Attorney Gergory Meyers answered questions from state senators Thursday regarding a complaint lodged against him by a Kauai deputy prosecutor. Senate Judiciary Chairman Karl Rhoads said his fellow lawmakers are in a tough spot. The committee put off a vote on Meyers’ nomination and two others until Monday. The attorneys rebutted claims that what Meyers did was unethical or illegal. Other defense attorneys in the state came to the aid of Meyers and supported his nomination during an hour-long hearing before the Senate Judiciary Committee. Meyers is the nominee for a judgeship on Kauai to replace retired Judge Edmund Acoba. The Court takes witness tampering very seriously.A late complaint of witness tampering caused a rare stir during confirmation hearings for a new district court judge on Kauai.ĭefense attorney Gregory Meyers found himself defending his character and ethics from accusations that he broke the law and violated legal rules when he obtained a statement from a complaining witness in a case that seemed to aid his client in getting charges dropped. Penalties Associated With Witness Tampering Obviously, the most serious form of witness tampering will involve violence, but in many cases, there is just the threat of violence or harassment. If a witness in influenced, intimidated or persuaded in any way, with the intent to prevent them from testifying, you could be looking at witness tampering charges. Cases involving issues such as witness tampering can get very complicated during jury trials. In many cases, there could be other people or third parties involved. Preventing a Witness From Giving TestimonyĪny behavior or communication that prevents a witness from giving testimony can be considered witness tampering. It will be necessary for the prosecution to show that there was intent to change a witness’ behavior in order for the elements of witness tampering to be satisfied. There has to be intent to persuade the witness to change his or her story or to abstain from testifying or giving their testimony. A simple altercation, argument or communication with a witness may not be tampering. In any case involving witness tampering, it will be critical to show that there was also intent to change a witness’ behavior with the harassment or intimidation. Any kind of force, threat, intimidation or harassment of a witness can satisfy one of the elements of witness tampering. Threats of force, even by a third party, could also be seen as a type of witness tampering. There was intent to influence the witness to change testimony or abstain from testifying.Ī variety of actions, behaviors and communications can be construed as “intimidation.” Physical force is obviously a form of intimidation and an action that can be considered an element of witness tampering, especially if there is intent to get the witness to change his or her testimony.Intimidation, threat or physical force is used against witness.A witness has upcoming testimony to give.Listed below are the elements of witness tampering as a crime. In most cases, witness tampering is a felony and can result in additional years behind bars, if convicted. If a person tries to get a witness to change his or her story, that’s also considered witness tampering. Federal And State Drug Enforcement AgenciesĪttempting to Prevent a Witness From TestifyingĪny actions that can be interpreted as behavior that attempts to prevent a witness from testifying can be considered witness tampering, so it’s important for people to understand how important it is to take these situations very seriously.Top 10 Biggest Mistakes In An Injury Claim.Problems When Receiving Workers Comp Benefits.Understanding Permanent Partial Disability.Settling Your Workers Compensation Case.What Is Covered Following a Work Injury.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |