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Aggravated Perjury - Materiality Question

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August 24, 2010, 16:42
DLW
Aggravated Perjury - Materiality Question
I have an already indicted agg perjury case where a defendant was under oath on two separate occasions on bond reduction hearings in front of the judge. The first time he said he was in a gang and the second time he said he was not in a gang and had never been in a gang. I have the lie part covered. My question is - how do I prove the materiality?
Who do I call as a witness or what evidence do I need to put on to show it was material if this for some reason were to go to trial?
August 24, 2010, 18:52
JB
In the past, we have simply made the judge from the hearing a witness and he testified on the issue of materiality. Presumably, the judge found the membership in a gang a relevant fact for setting bail. Obviously, the same judge can't be that witness and hear the perjury case.
August 25, 2010, 11:33
DLW
Thanks for your help.