Criminal cases depend largely on the evidence and testimony that are part of the case. Even if the case doesn’t go to trial, those factors have a profound impact on how a case is handled.
Unfortunately, not every piece of evidence or testimony is valid. Sometimes, the very people who are expected to uphold the law the most – the police – subvert justice by giving less-than-truthful statements. When a case rests on an officer’s word against the defendant’s, it can take a skilled defense strategy to expose fabrications.
What is “testilying” by police?
Testilying occurs when a police officer gives false testimony under oath. This may mean that the officer exaggerates what they saw, changes the reason for a traffic stop or misstates what a person said. It also includes situations in which the officer gives any sort of testimony that conflicts with video, reports or physical evidence.
False testimony doesn’t impact only individual cases. It undermines public trust in police officers and the overall confidence people have in the court system. This can make it difficult for the public, judges, jurors and everyone involved in the criminal justice system to believe the testimony of police officers – even if the officer is telling the truth.
On the flip side, some judges and juries give too much weight to an officer’s statements when a critical approach would show that those statements are inconsistent or unverifiable. When that happens, a defendant can be unjustly convicted.
How is testilying unearthed?
Testilying can be exposed through a careful exploration of the evidence by a skilled defense attorney. Evidence that might conflict with an officer’s word include:
- Body camera footage
- Squad camera video
- Dispatch recordings
- Inventory logs
- Arrest records
- Witness statements
- Medical records
Cross-examination is another way to uncover testilying. Questions can focus on how an officer’s accounts differ from one conversation to the next, even if the shifts are subtle. Even small inconsistencies can matter if they show that the officer isn’t trustworthy or didn’t have a valid reason for search, arrest or use of force.
Uncovering incorrect statements can be a critical factor in the defense strategy. Working with an attorney who’s familiar with these matters is vital for defendants. Cases involving testilying can be complex, but they are not insurmountable or automatically lost.
