malicious prosecution please help

[gizzzmo]

What is the name of your state (only U.S. law)? Ohio

a guy was indicted on a robbery case. He had driven a guy he knew to buy some drugs, supposedly while the guy was talking to the person out side the home someone slipped in and stole some stuff from the house.

The guy indicted (the driver) didn't know anything about what was happening. There's a taped statement where the guy clearly tries to help the police and seems to be 100% truthful, tells them everything he knows.

The cop writes his statement up mentioning "in a taped interview" tells what the driver said but adds 6 lies to the end of his statement. Almost like he went back and added them, they were (all 6) in the last quarter of his statement.

Completely fabricated lies that the tape proves are lies, when you compare his taped interview with the statement. The lies were serious, an example: "The suspect admitted distracting the lady while another guy went in the back door". This isn't even close to being on the tape.

The policeman's statement was read to the grand jury, the tape wasn't played. The guy was arrested and has been in jail for over 4 weeks.

Once the lies came to light, they were taken to the county prosecutor, who seems to simply not care.

would this be malicious prosecution

Remember he was not charged with taking someone to buy drugs, he was charged with robbery.

[Some Random Guy]

It is not clear from your post whether the prosecution was dropped when the lies came to light or if it is still ongoing.

I am not sure that this is malicious prosecution but instead is misconduct of the interviewing police officer. In either case, you have damages of four weeks of incarceration. Take that to a local lawyer specializing in such cases and see what they think your chances are in prevailing with a lawsuit.

[gizzzmo]

Originally Posted by Some Random Guy

It is not clear from your post whether the prosecution was dropped when the lies came to light or if it is still ongoing.

I am not sure that this is malicious prosecution but instead is misconduct of the interviewing police officer. In either case, you have damages of four weeks of incarceration. Take that to a local lawyer specializing in such cases and see what they think your chances are in prevailing with a lawsuit.

It is still on going. BTW the guy lost his job after going to jail. There is also some reason to believe the guy is a little bit slow.
If the cop added the lies to better his case, wouldn’t that be malice? Obviously he didn't feel the truth was enough to get what he wanted.

[Some Random Guy]

There is also some reason to believe the guy is a little bit slow.

Who exactly are you in this case? Any lawsuit would need to be filed by person being unjustly prosecuted. And if there is any other evidence in the case besides the dodgy statement that the police wrote, then there may not be any chance of winning a suit.

The mere fact that his public defender has not won a dismissal of the case for a lack of evidence shows that there is much more to this story.

[gizzzmo]

Originally Posted by Some Random Guy

Who exactly are you in this case? Any lawsuit would need to be filed by person being unjustly prosecuted. And if there is any other evidence in the case besides the dodgy statement that the police wrote, then there may not be any chance of winning a suit.

The mere fact that his public defender has not won a dismissal of the case for a lack of evidence shows that there is much more to this story.

No there was nothing more to the story, all they have is the cops statement and the tape which the guy says point blank, "I just gave the guy a ride I didn't have anything else going on so I agreed to take him" and yeah I know it sounds odd that's why it's bugging me. They really don't have anything else, NOTHING. There is no doubt he'll win his case, I think a jury is going to be pretty pissed at the lies that can be proven. The guy was wearing his work uniform and his name badge when he went there, just thinking he was giving a guy a ride.

I think this all started because I think the cop and prosecutor believed the guy knew who went in the house. Now that they are realizing he didn't, they have simply taken it to far.
I also think in this county most people, guilty or not, tend to just plead out, I think they figured the guy admitted doing sometime wrong by taken the other guy to buy drugs, we'll just let him plead out.

but that's just my guess.

[gizzzmo]

so no other input??

[Rexlan]

Probably not but you can tell "this guy" to go see an attorney.

[HappyWanderer]

How can someone sue for "malicious" prosecution until after they are found not guilty?

Have the guy win the case and then you can talk about suing.