illinois
State&#39;s Attorney Lied In Court
<p>A detective was subpoenaed to testify. He did not show up.</p>
<p>His absence was objected to, and the State's Attorney said she would have to look into it.</p>
<p>The detective was asked about his absence when a subpoena for the next court date was served, and he said the State's Attorney told him he did not have to testify that day.</p>
<p>A Motion to Disqualify the Prosecuting Attorney was filed and listed that she told the court she would have to look into why the detective was not there, and he said she told him he was not needed. At the hearing for the motion, she said she met the detective in the hallway and told him he was not needed to testify as there were no motions set for that day, and that she had not been given a copy of the motion.</p>
<p>Saying she has to look into it, when she actually told him he was not needed, is not honest. Is there any case law regarding a State's Attorney telling someone who is subpoenaed that he is not needed that day?</p>

<h2>Not remembering something correctly is not lying</h2>
<p>To lie, you have to know the statement is false at the time you make it.</p>
<p>As a State’s Attorney she no doubt deals with multiple cases and a plethora of detectives. Not remembering in the moment what you said to one detective is not malfeasance, it’s just human. Telling the court you don’t know and will find out and then finding out is good practice. It’s possible that the attorney didn’t remember the conversation until she spoke to the detective again. It’s possible she still doesn’t remember the conversation and is just taking the detective at his word.</p>
<p>It is often useful to remember <a href="https://en.wikipedia.org/wiki/Hanlon%27s_razor" rel="nofollow noreferrer">Hanlon’s Razor</a>:</p>
<blockquote>
<p>Never attribute to malice that which is adequately explained by stupidity.</p>
</blockquote>
