Thank you. There are two things I'd like to share:
First, perjury is a criminal
matter. There's a high burden of proof for the prosecutor to prove and jury to consider. I will share the Connecticut criminal jury instruction here:
4.5-9 Perjury -- § 53a-156
Revised to May 20, 2011
The defendant is charged [in count ___] with perjury. The statute defining this offense reads in pertinent part as follows:
a person is guilty of perjury if, in any official proceeding, (he/she) intentionally, (under oath / in an unsworn foreign declaration), (makes a false statement / swears, affirms or testifies falsely), to a material statement which (he/she) does not believe to be true.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Testimony at an official proceeding
The first element is that the testimony was given at an official proceeding (under oath / in an unsworn foreign declaration)1. An "official proceeding" is any proceeding held or that may be held before any legislative, judicial, administrative or other agency or official authorized to take evidence under oath, including any referee, hearing examiner, commissioner or notary or other person taking evidence in connection with any proceeding. The defendant must have, in the presence of an officer authorized to administer an oath, unequivocally taken upon (himself/herself) the obligation of an oath.
Element 2 - Intentionally made false statement
The second element is that the defendant intentionally (made a false statement / swore, affirmed, or testified falsely) knowing or believing the statement to be false. The testimony must have been intentionally and deliberately given falsely and not through inadvertence or by mistake; that is, it was the defendant's specific intent to deceive, and the defendant made the statements knowing or believing that they were false.
<See Intent: Specific, Instruction 2.3-1, and Knowledge, Instruction 2.3-3.>
The state must prove that the defendant made a statement that was untrue in fact and that the defendant believed that it was false.2
The truth or falsity of the defendant's testimony cannot be proved solely on the basis of the uncorroborated testimony of a single witness, even if you find that witness's testimony credible. Rather, it requires corroborated proof through independent and material facts and circumstances supplementing the testimony of the single witness. The corroborative testimony must be of such a character that, when taken in connection with all the other testimony, the falsity of the testimony is established beyond a reasonable doubt.
Element 3 - Material to the proceedings
The third element is that the statement made by the defendant was a statement material to the proceedings. The test of materiality is whether the false testimony was capable of influencing or had the potential to influence the fact finder in deciding the issues.3
The statute defining this offense also defines an affirmative defense, which the defendant has raised. <See Affirmative Defense, Instruction 2.9-1.>
The defendant claims that (he/she) was coerced into giving the false testimony. Coercion has two elements. <Insert the elements from Coercion, Instruction 6.12-1.>]
In summary, the state must prove beyond a reasonable doubt that 1) the defendant gave testimony at an official proceeding (under oath / in an unsworn foreign declaration), 2) the defendant intentionally gave false testimony, and 3) the statement was material to the proceedings.
[<If defendant has not raised the affirmative defense:>
If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of perjury, then you shall find the defendant guilty. On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.]
[<If defendant has raised the affirmative defense:>
If you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements of the crime of perjury, you shall then find the defendant not guilty and not consider the defendant's affirmative defense.
If you unanimously find that the state has proved beyond a reasonable doubt each of the elements, then you shall consider the defendant's affirmative defense. If you unanimously find that the defendant has proved (his/her) defense by a preponderance of the evidence, then you shall find the defendant not guilty. If you unanimously find that the defendant has not proved (his/her) affirmative defense by a preponderance of the evidence, then you shall find the defendant guilty.]
If you believe that you have the materials to meet that burden, then contact the local prosecutor and request the filing of criminal charges.
If you do not have the materials to meet that high criminal burden, then you may want to shift your focus to filing a motion for reconsideration of the judge's order and present proof of the lies in the motion for reconsideration. The judge can rescind the original order if the facts/evidence requires it.
I hope that you found this information to be helpful and, indeed, informative and worthy of a positive rating
so that I receive credit for assisting you today.