What Happens if a Witness Changes their Story in a Criminal Case in Minnesota?

Witness testimony can be very powerful in criminal cases here in Minnesota. Juries like to hear from eyewitnesses and it can absolutely sway their opinion as to the question of guilt or whether the Government has met their burden of proof. That being said, what those witnesses actually say in trial versus what they said to the police initially may be even more important. If you are facing serious criminal charges in Minnesota and a big part of the government’s case is eye witness testimony, it is important that you sit down with an experienced Minnesota criminal defense attorney to discuss your case.

“If an eye witness changes their story at trial, it can blow the State’s case out of the water.”

What Happens if an Eye Witness Changes their Story?

If an eye witness changes their story in a criminal case, it can have significant consequences for the case. This is frequently called a recantation. A recantation happens when a witness who previously provided testimony or spoke to the police later claims that the information they provided was either false, inaccurately recorded or misinterpreted in some way.

When a witness changes or recants their story, this can put the Government in a very difficult position. After all, the Government has the burden of proof and they must convince that jury beyond a reasonable about their case. If a witness recants, it can potentially destroy the Government’s case outright. This result could be that charges are dropped or that a jury may come back with a Not Guilty verdict. This being said, it is important to note that simply lying on the stand could expose a witness to perjury charges, although this doesn’t happen very much. Therefore, it is important to keep this in mind.

Another concern of witness recantation is the potential allegations by the Government of witness tampering or intimidation. As a result, the Government will aggressively cross examine a witness regarding past statements versus these statements and then likely argue to the jury that witnesses can change their stories for all kinds of reasons. This is designed to undercut the witness statements made at trial. Another concern is that the Defendant could face witness tampering charges although this is generally pretty rare and the Government generally needs substantial evidence to claim this.

“If a witness changes their story, they better be able to explain why the story changed. A jury will want to know the reason.”

Witness testimony can be extraordinarily powerful and the jury listens to it. If you are facing charges and a witness needs to come in and set the record straight, you need to talk with an experienced Minnesota criminal defense attorney. This may happen in domestic assault, violent assaults and sex crimes cases. This could make all of the difference.

Jack Rice is a a former prosecutor, a former CIA Officer, and a Board Certified Criminal Law Specialist. Jack is also the Founder of Jack Rice Defense, a boutique criminal defense firm based in St. Paul, MN. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.