Testilying

Testilying is police slang for the practice of giving false testimony against a defendant in a criminal trial, typically for the purpose of "making a stronger case" against someone they believe to be guilty, although it may also be for the purpose of framing an innocent defendant.

The word and its meaning have been publicized by liberal defense attorney Alan Dershowitz, notably in a 1994 New York Times article, "Accomplices to Perjury," in which he said:

As I read about the disbelief expressed by some prosecutors... I thought of Claude Rains's classic response, in Casablanca on being told there was gambling in Rick's place: "I'm shocked—shocked." For anyone who has practiced criminal law in the state or Federal courts, the disclosures about rampant police perjury cannot possibly come as a surprise. "Testilying"—as the police call it—has long been an open secret among prosecutors, defense lawyers, and judges.

There seems to be little doubt that the practice occurs, is not limited to any region of the country, and that "testilying" is a common name for it. A 2003 Boston Globe editorial noted:

In the early 1990s, the Mollen Commission peeled away layers of falsehood in the New York City Police Department, including false statements on warrant applications, creation of confidential informants out of whole cloth, and lies told to establish probable cause for stopping and searching vehicles. So-called "testilying," however, is not limited to any one area or police department. The problem has become so acute that juries nationwide routinely express skepticism about law enforcement testimony, such as drugs found "in plain view."

The LAPD is said to call the practice "joining the liars' club." In a 1996 article in the Los Angeles Times, "Has the Drug War Created an Officer Liars' Club?," Joseph D. McNamara, then chief of police of San Jose, said "Not many people took defense attorney Alan M. Dershowitz seriously when he charged that Los Angeles cops are taught to lie at the birth of their careers at the Police Academy. But as someone who spent 35 years wearing a police uniform, I've come to believe that hundreds of thousands of law-enforcement officers commit felony perjury every year testifying about drug arrests." He noted that "Within the last few years, police departments in Los Angeles, Boston, New Orleans, San Francisco, Denver, New York and in other large cities have suffered scandals involving police personnel lying under oath about drug evidence."

The extent of the practice is hotly debated. Rank and file policemen, police advocates and police unions acknowledge that it does occur but deny that it is widespread or systematic. In 1995, the Boston Globe reported that New York Police Commissioner William F. Bratton created a furor when he said he agreed with most of what Dershowitz had to say. The Globe quoted Richard Bradley, president of the Boston Police Patrolmen's Association: "I find it incredible that he would say that. Every day all over the country, police officers are testifying. Everyone realizes they are testifying under oath. If this was this much a problem, it would have come to light over the years." Bradley said that in 27 years on the Boston force he had never encountered the practice.

See also perjury.

References

• The New York Times May 2, 1994, p. A1, Accomplices to Perjury, Alan Dershowitz
• Boston Globe November 15, 1995, Metro section, p. 1: "Bratton calls 'testilying' by police a real concern"
• Los Angeles Times February 11, 1996: "Has the Drug War Created an Officer Liars' Club?" Joseph D. McNamara

External links

• Has the Drug War Created an Officer Liars' Club (http://leap.cc/publications/liarsclub.htm) Online text of McNamara article cited above. (Caution: non-neutral source).
• "Testilying: Police Perjury and What To Do About It" (http://www.soc.umn.edu/~samaha/cases/slobogin,%20testilying.htm) article originally appearing in the University of Colorado Law Review in 1996