Attorney Irons commits perjury on 6-2-09 in #00-02680-DM. Carpenter ingnores exculpatory and prima facia evidence.
Perjury Prosecution on Declaration MCL 600.1432 specifies a formal
process for administering oaths which requires the person who swears to hold
up the right hand, to be observed by someone authorized to administer oaths,
and commenced by the words "You do solemnly swear or affirm." In a fairly
recent case, People v Ramos, 430 Mich 544 (1988), the defendant could not
be prosecuted for perjury because of the lack of an actual swearing to the
words identified in MCL 600.1432. However, the Supreme Court noted in
footnote 37 that the signing of a form containing the warning that the
signature was under the penalties of perjury in itself constitutes an oath and
a person who makes a false statement "is guilty of perjury." The Attorney
General's office concluded that the phrasing of MCL 764.1e(2) to indicate
that a person who makes a false statement "is guilty of perjury," falls within
the exception noted in footnote 37 of People v Ramos and, consequently, is
not required to comply with the formal swearing procedure identified in
MCL 600.1432, and that a perjury prosecution can be pursued based on an
officer's false statement in a signed complaint which includes the declaration.
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