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Monday, October 5, 2009

Update: Our Case

I haven't written in a while due to school and our attorney asking me not to write any more letters. Seeing it was the letters that got me in trouble in the first place, I agreed. They didn't mention the blog but I want to be as helpful as I can, so just because I am not posting does not mean that my blog is dormant I would like nothing more than to enlighten the public to the corruption that plagues Riverside County. I was born here but sadly thanks to animal control I can no longer safely live in Riverside County. I will post more updates when possible and I wish all of the others struggling with their cases the best of luck. Please keep in contact with me and let me know when your cases are because I would love to show up and compare notes with you. Also it would be interesting to see if the animal control officers will lie on the stand in your case as they did in mine. Perjury is a punishable offense in case the animal control officers following this blog did not know....I looked it up so you guys can get to know more about it. Enjoy and I'll see you in court!
PerjuryIn civil and criminal court cases, witnesses, experts, and others are often called to testify for both the defendant and the plaintiff regarding the legal matters in question. These individuals will often slant their testimony to further their own interests. Perjury laws are what courts rely on to obtain truthful testimony. Perjury is the crime of willfully and intentionally making a false statement under oath in judicial or administrative proceedings.

For a false statement made under oath to be considered perjury, it must be in regard to a material (or pertinent) fact in the case. For example, lying about your age under oath in a court case will not be considered perjury unless your age is crucial to the question of law at hand. When a person testifies in a civil or criminal case, they will first be sworn under oath to tell the whole truth and nothing but the truth. To intentionally lie or misrepresent the truth in your testimony is a criminal offense. It is also unlawful to encourage another individual to commit perjury, an offense called subornation of perjury.

When a person is charged and convicted of perjury, they can face criminal penalties including significant fines and incarceration. Each state has their own laws regarding perjury and its consequences. The federal government has a few separate statutes for the crime of perjury. Under federal law, if a person intentionally and willfully states or subscribes any material matter which s/he does not reasonably believe to be true, may be charged with perjury. If convicted of this perjury, the defendant can face a significant fine and up to five years in jail. The same penalty is possible for a subornation of perjury conviction.

While the crime of perjury can be committed in both civil and criminal cases, perjury prosecutions arising from civil lawsuits are extremely rare. It can be more difficult in a civil case to prove that a witness is intentionally misstating or lying about a material fact. A perjury defendant can persuasively argue that they testified honestly, but perhaps from faulty memory, in many cases. Perjury charges in criminal cases are also rare. In 1996, US Sentencing Commission statistics indicated that in federal cases, only 86 of the 42,436 convicted criminal defendants were found guilty of perjury, encouraging perjury or bribing a witness.

In some cases perjury can be used as a threat, typically on the side of the prosecution, to coerce someone to provide more favorable information. While the prosecution will often threaten a witness, the number of actual prosecutions for perjury is diminutive. A prosecution may also try to get a witness in a perjury trap. A perjury trap is when the prosecution deliberately calls a grand jury witness with the goal of gathering information that will later but used to prosecute him for perjury.

1 comment:

  1. Hi,
    My husband and I are fire victims. riverside animal control - lesley heunnekens and accomplice bob lucas - horse thief stole our 6yr old thoroughbred race horse stallion on april 19, 2008. they then confiscated our remaining 7 horses and charged us with cruelty. they killed one of the horses and transported another champion race horse upside down while illegally confiscating them without notice to us. This nightmare is unimaginable and even hard to describe. Since we don't have huge amounts of money, we do not have an attorney. If you know of any attorneys who can help us, I believe this case will EXPOSE ANIMAL CONTROL FOR THE PSYCHO, MALICIOUS CRIMINALS THEY ARE. I FILED A WRIT OF MANDATE AND THE COURT IS AT LEAST ACKNOWLEDGING IT. BUT I AM AN ARTIST AND HORSE TRAINER. WE HAVE HAD A NON PROFIT HORSE RESCUE "LAME TO FAME FOUNDATION" FOR MANY YEARS. WE DO ALL THE WORK ON RTHE HORSES OURSELVES, SO WE DO NOT HAVE TIME TO FUNDRAISE. THIS NIGHTMARE BEGAN WHEN WE BOARDED OUR 10 HORSES OUT BECAUSE THE RANCH WE WERE MOVING TO BURNED. THAT PERSON, JASON LOPEZ, TOOK OUR MONEY AND STARVED OUR HORSES. HE CLAIMED TO BE THE OWNER OF THE RANCH. HE THEN LEFT IN THE NIGHT. THE ACTUAL OWNER OF THE RANCH, SCOTT WALKER, OWNER OF THE WALKER TEAN COLDWELLBANKER REALESTATE, TURNED THE WATER OFF AND GOT HEUNNEKENS TO THREATEN TO CONFISCATE OUR HORSES IF THEY WERE NOT REMOVED FROM WALKERS RANCH IN 5 DAYS. WE HAD TO DEAL WITH FINDING OUT OUR HORSES WERE STARVED, HOW TO GET WATER TO 10 HORSES AND 2 LLAMAS AND FIND A PLACE TO MOVE THEM IN LESS THAN 5 DAYS. BOB LUCAS, FRIEND OF ANIMAL CONTROL STOL 1 OF THE HORSES. HE RETURNED THE HORSE WHEN HE FOUND OUT IT WAS OWNED BY AN ATTORNEY. OUR STALLION WAS STOLLEN 1 MONTH LATER WHEN A PERSON IN MILITARY FATIGUES, UNMARKED VEHICLE (THIS TURNED OUT TO BE THE HEUNNEKENS) Came to the next place we found to keep our horses. she was casing the place for the thiefs. our stallion was stollen the next morning - april 19, 2008 at 5 am. there are eye witnesses. we are still dealing with all the after effects of the ranch burning.