I tried to answer the other statements, but the post was too long. The "lie" gets down to a fishing expedition I did in the deposition. Consider that the officer was QUITE SURE in a police academy-type way about what happened. Exactly. Precisely. Without leave for error. His story is different from mine (which I posted earlier). He says I got home and immediately got between he and my wife with my back to him. Talked to my wife for a moment and started yelling "you can't do this, this is illegal, you haven't even read her her Miranda rights". I then kept my back to him while grabbing my wife and leading her into our house, "yelling incoherently all the time." I then came back out of the house yelling in a "loud and perterbed tone", "if you want to talk to us, you've got to talk to my lawyer" and then turned around and slammed the door.
(from the depo)
Q. "Was there time for me to tell you any of these things: My name, my date of birth, my address?"
A. "Why would you tell me these things?"
Q. "Well, because you asked for my identification, by my words."
A. "Okay."
Q "Did you, in fact, ask for my identification?"
A. "Again, I can't recall if I used that exact verbiage."
Q. "But did you ask -- did you ask anything to that effect?"
A. "I don't recall."
Q "Okay. But if I were, in a loud and perturbed tone, exclaiming these things, and shutting -- slamming the door in your face, I believe was your testimony earlier -- is that correct?"
A. "I believe I said 'slamming the door,' yes.
Q. "Correct. When could I have given you that information? At what point?"
A. "I don't recall having this conversation with you."
Q. "Okay. So if you, in fact, checked me for warrants, and there's a recod for that, how would you get that information?"
A. "That's a good question."
Q. "Do you have an answer to that question?"
A. "I do not."
(Attorney jumps up and requests a break. Officer and attorney re-enter a couple of minutes later..I wonder if a jury will think some coaching went on?)
Q. "...have you any idea as to where you received that information?"
A. "...or whether I ran a cross-reference on the address to get your name and approximate date of birth, and then they came back with a possible match, which was confirmed once you were in custody."
Q. "I see. Would that cross-reference check be loged anywhere?"
A. "It would be if I ran it, yes."
Q. "Okay. Do you know where it would be logged?"
(leading to the CAD report discovery)
That's the lie. Everything he said I did was a lie. I know, I was there. But, the CAD confirms a warrant check was made before I was arrested, and there wasn't any "cross-reference check" made. It's even better on videotape. The moment the officer realizes it could not have happened precisely the way he has just spent an hour going over in exquisite detail a cetain deer in the headlights look comes over his face.
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For telling the truth under oath, rely on you conscience. For everything else, there's MasterCard.