Justice System, Police, Courts can you get on appeal based on perjury?? Please help!

Not open for further replies.


New Member
I was convicted of a crime I did not commit. After my release, I have now spoken with several people who were involved in the night in question. I can prove through their testimony and the accusser's own statements and mental health records that not only did I not committ the crime, but the accuser perjured herself.

I did not find all of this out until after my release last year and I'm already in the final stages of the appeals process.

How can I bring this new evidence to light? Can you win an appeal based on perjury?
Are you saying you already served your time?

In any event, you will have to hire an attorney to pursue redress or an appeal.

Keep in mind that "mental health records" (whatever those are) probably cannot prove anything ... not to mention the tiny problem of your even HAVING those records. Even if you managed to somehow get them lawfully, it is possible that such 'evidence" could not even be submitted.

How come these other witnesses were not presented at trial? Was there other evidence pointing towards your guilt?

It's a hard road to travel to overturn a conviction ... even harder if you plead guilty.

Consult local counsel.

- Carl
I was accused of the indecent act of touching a minor.

I got the records as part of my record of trial. Funny thing, they weren't handed over to the defense until day three of the trial, and never used in the trial by either defense or prosecution. The Prosecution claimed they had just gotten them as well. The judge denied expert council for the defense. So far in my appeals, they finally agree that the judge erred there, but claim that it would have had no impact.

It was a military court martial. As far as the witnesses, my court appointed attorneys told me that I could not discuss the case with anyone and to submit a list of names for them to contact as potential witnesses. I did that much. But, I am now finding out, that my attorneys never contacted several of the people I named.

The only evidence was her word against mine. And a confession that they claim that I had written, though I don't remember it believe it was obtained out of coercion. I suffered from severe migraines, and was prescribed Ambien, Phenegrin, & Vicadin to be taken together for them. I had taken all three of these medications that night. My attorney failed to try to suppress the confession.

I really don't remember anything that happened that night. And on the stand, she even said I was asleep.

I know that on the stand, she said she started therapy because of the alleged incident, but the records show that she started two days before she accused me. They also diagnose her as having Oppositional Defiance Disorder.

One particular witness, with whom I have just been able to get into touch with due to the fact that she was transferred before the trial began and she has been serving in Iraq. To make a long story short, she was the Medic who was placed to ride with the accuser to the OSI building and to the hospital. She says it always bothered her that the accuser never acted as though anything was wrong, and acted just as normal as anyother time she had met her. She also said that the accuser never vomitted. Though on the stand, she claimed she vomitted several times at the OSI building and the hospital. Also, hospital records show a normal pulse rate and blood pressure reading.

I also found out from another father of a friend of the accuser, that the accuser had come on to him several times, rubbing up against him and such so much as to make him uncomfortable enough not to allow his daughter to have the accuser over as a guest anymore.

My youngest daughter is now 15 and has begun asking questions about what the accuser accused me of. She said that it was not possible, because she (my daughter) was the one who was sleeping in my bed with me. My oldest daughter tells me that the accuser deliberatley announced that she was going to go get into my bed when I was asleep, and my daughter told her "no, you're not allowed." My three daughters who were home that night all say that the accuser went to my youngest daughters room to sleep.

Another thing, in the mental health records, three days after the alleged incident, the psychologist's notes say that she was "able to describe herself in a more positve light."

My middle daughter now tells me that the accuser also tried to bring her stepfather up on child abuse charges. She was told this by the accuser before the alleged incident. The accuser told her she did it because she wanted to go live with her dad and hates her mom.

I don't know how to get around the heresay part, but several people have said they heard her tell that she lied about the whole thing.

She contacted my middle daughter on myspace and asked her to be friends again. My daughter told her no, how could she when she had ruined her life. Then a friend of the accuser contacted my daughter on myspace and told her to quit harrassing her friend and that "your brother raped her so leave her alone". So, it sounds as though her story keeps changing.

And that's not even all of it....

Please help...I really need some guidance. My wife & I are trying to get everything together that we could possibly need before we take everything to an attorney.
You really need to start with that attorney.

Because this was a military court martial, some very specific rules were in place and must be adhered to.

The fact that your attorney failed to challenge testimony or evidence is not likely to be an issue on appeal unless a claim of incompetence can be made. Very often, these are tactical decisions that in hindsight turn out to have been wrong. Additionally, appeals have a time frame in which they must be filed - only an attorney versed in military law can tell you if it is too late or not. It may well be too late to appeal, but you may have other avenues available to try and seek a pardon or to have your conviction overturned.

I don't know how you got this person's mental and health records, but unless a doctor and/or psychologist is willing to take the stand in violation of doctor-patient privilege to verify these assorted records, I can't imagine those notes will be allowed in court.

The last problem is the hearsay of what other people say ... unless these rumors and second hand tales can be substantiated, they are not much more than loose rumor.

You really need an attorney to evaluate what you have and see if there i a glimmer of hope in that pile o' stuff.

- Carl
Not open for further replies.