Thursday, August 29, 2002

Perjury dismissal denied

Judge rejects selective-prosecution claim

By Marie McCain,
The Cincinnati Enquirer

        A Green Township woman's bid to have a perjury charge against her dismissed failed Wednesday.

        Hamilton County Common Pleas Judge Ann Marie Tracey rejected Laura Miller's argument that she was being selectively prosecuted for perjury because she is a civilian, not a police officer.

        “Perjury inherently is a crime that is "selectively' prosecuted,”' wrote Judge Tracey in her five-page decision. “Not only are instances of falsifying testimony abundant, they are also extremely difficult to prove. In this court's experience ... it is only in those extremely rare instances when there is blatant contradiction of sworn testimony that a perjury prosecution would have any viability.”

        Ms. Miller is accused of giving false testimony in the trial of a west-side doctor and his wife, who were both accused of illegally obtaining prescription drugs.

        According to her attorney, Ms. Miller is accused of testifying before a grand jury that the doctor asked her to obtain prescription drugs in her name for him. But during a March trial, she said he did not ask her to.

        The doctor and his wife were acquitted.


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