Can Judge Take Action Without New Trial?

[SL123]

What is the name of your state?
CA

We just had a high profile criminal (government corruption) trial which ended in hung jury after 2 months.

Evidence confirms that defense witnesses committed organized perjury. The defense lawyer may also have acted inappropriately.

Can the Judge take action to find the Defendant Guilty and sentence him without a new trial if evidence supports his guilt? I’m afraid the cost of a new trial may be too much.

If the DA decides not to retry the case, does that mean Defendant is fully exonerated and cannot be retried again?

Any suggestions for all the courtroom perjury?

thanksWhat is the name of your state?

 

[Some Random Guy]

Evidence confirms that defense witnesses committed organized perjury. The defense lawyer may also have acted inappropriately.

Perjury charges may be filed by the DA. Please contact their offices if you have evidence that may be helpful in their investigation. Please contact the state bar if you have evidence of unethical behavior by the lawyer.

Can the Judge take action to find the Defendant Guilty and sentence him without a new trial if evidence supports his guilt? I’m afraid the cost of a new trial may be too much.

No. To be found guilty, you must have a trial.

If the DA decides not to retry the case, does that mean Defendant is fully exonerated and cannot be retried again?

If the DA does not retry the case, then the defendent is NOT "innocent". They have not been found "Guilty" or "Not Guilty". The DA has until the statute of limitations runs out or until a time decided by their state laws to decide to retry them.

Any suggestions for all the courtroom perjury?

Is it perjury because you know they were lying or because you have PROOF that they were lying? This will make a big difference with the DA.

 

[SL123]

DA Already Knows, Then What?

"Is it perjury because you know they were lying or because you have PROOF that they were lying? This will make a big difference with the DA."

The DA prosecuted the case and knows beyond any doubt with clear evidence (PROOF) that perjury took place at this trial. It was not only perjury but appeared to be a conspiracy to commit perjury to smear the prosecution’s key witness who has been defamed by their perjury.

This was a high profile case so it’s kinda ridiculous to report it to the DA because they already know.

I’m wondering if there is any other group to go to besides the State Bar. There have been Conflict issues regarding the Defense Attorney who is also president of the most powerful city commission where the State Bar and State Judges did not intervene.

State vs Augustine Fallay, google
here’s a blog

http://p209.ezboard.com/The-State-vs-Augustine-Fallay-DBI-Singing-The-Blues/fabledartsbathroomwallfrm21.showMessage?topicID=2710.topic

 

[CdwJava]

Perjury cases are very, very difficult cases to prove - in spite of what it may seem. the elements set a pretty high burden for the state.

If the DA thinks he has a case, he'll file. Maybe media and/or public pressure will compel him to act or at least speak on the matter. Of course, nothing is preventing you from asking the DA yourself.

- Carl