Can a judge or prosecutor be held liable for misstatements to a witness about the potential perjury prosecution?
MultiRegion, United States of America
The following excerpt is from Park v. Thompson, 851 F.3d 910 (9th Cir. 2017):
misstatements to a witness about the potential for a perjury prosecution were not the "decisive factor in [the witness's] decision not to testify" and any error was therefore harmless (emphasis added)); United States v. Blackwell , 694 F.2d 1325, 1343 (D.C. Cir. 1982) (where "the witness herself never refuses to testify" because of "the lack of a direct nexus between the judge's and prosecutor's remarks and [the defendant's] loss of [the witness's] testimony.").
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