Memo

To: Cape Girardeau County Judges & Attorneys

From: Morley Swingle

Date: February 18, 1998

Re: Perjury & False Affidavit Cases

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At the beginning of my first term as prosecutor I asked the lawyers of our local bar to inform me of any instances of perjury or the making of false affidavits coming to your attention. All of us in the legal profession realize that the court system can only work well if people who take an oath to tell the truth believe that the law has teeth to punish people who violate that oath.

Many of you responded and brought potential cases to my attention. In fact, since 1987 my office has filed 12 perjury cases and 4 false affidavit cases. The fact situations include lying at divorce hearings, adult abuse hearings, preliminary hearings, jury trials, grand jury proceedings, bench trials, small claims court, depositions and in affidavits.

Unlike criminal cases, which are brought to my office by law enforcement officers, you are the ones most likely to encounter this crime in the course of your work. Unless you bring it to my attention I won’t know about it.

I want to take this opportunity once again to encourage each of you to report to my office (specifically to my investigator) any provable perjury or false affidavit case you discover. These cases can be difficult to prosecute, particularly in light of Section 575.070, which specifies the minimum proof necessary to prove falsity of a statement. Of the 12 perjury cases we’ve filed, though, we’ve gotten 10 convictions, with one still pending.

I have attached copies of the applicable statutes. The statute of limitations for perjury is 3 years. The statute of limitations for false affidavit is 1 year.