Perjury under oath

    Kenaya’s testimony and statements were not interpretations of facts, or inaccurate statements unwittingly made. Individuals may have honest but mistaken beliefs about certain facts or their recollection may be inaccurate, but not in this case. Like most other crimes in the common law system, to be convicted of perjury one must have had the mens rea to commit the act, and to have actually committed the actus reus, as Kenaya and the Port Huron Police has.
    Kenaya deliberately and willfully gave false, misleading, and incomplete testimony under oath deliberately perjuring himself. Defendant asserts that the information constituted a governmental concession that Kenaya engaged in the criminal conduct of perjury, obstruction of justice, during his appearance as a government witness at Defendant Appellant trial. He further asserts that by refusing to investigate and bring Kenaya to trial on these specific charges the government has effectively conceded that all of the evidence needed to establish Kenaya’s lies at trial was in the files of government agencies well before the prosecution called him to testify.
    The Lower Court should have order the government to respond to these allegations, and in particular to Defendant Appellant allegation that before Kenaya testified, the government was in possession of, and failed to produce to the defense, the information needed to expose the falsehoods Kenaya promulgated from the witness stand.
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One Comment Add yours

  1. Arthur L. says:

    Before trial, Defendant addressed his concerns to the Court, that he had not received the requested documents.

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