Has anyone ever prosecuted an individual for paying/coercing a child abuse complainant to execute a recantation affidavit in habeas proceedings?
A relative of the applicant paid off the victim for a recantation affidavit. I don't think I can get the relative under 36.05 (tampering with witness) b/c they didn't pay for the victim's "testimony."
Instead, I was thinking maybe I could prosecute the mother as a party to aggravated perjury (which has the added benefit that it's a 3rd degree). Any thoughts?
You might contact the Guadalupe County District Attorney, they have had some luck with this in the past. As a matter of fact there is a case right now where the grandmother offered a $4,000 bribe to "make it go away" to the victim's mother. ADA Larry Bloomquist and ADA Tom Mitchell are handling this one.
Posts: 5 | Location: Guadalupe County, Texas | Registered: December 11, 2008