United States v. Moore

613 F.2d 1029 (1979)

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United States v. Moore

United States Court of Appeals for the District of Columbia
613 F.2d 1029 (1979)

Facts

Moore (defendant), a police officer, was suspected of funneling information to the owner of a business that was under surveillance. Another officer, who had discussed the surveillance with Moore, met Moore at a service station and secretly recorded their conversation. A grand jury was convened. Moore appeared before the grand jury and denied recollection of his first meeting with the officer. Moore recalled meeting the officer at a service station but testified that the meeting was unrelated to police business and that he never called anyone to ask about the surveillance. When Moore met with prosecutors, the recording of the service station meeting was played. Moore was advised he could avoid perjury charges if he testified before the grand jury that his prior testimony was false. During a rehearsal of the testimony, Moore acknowledged that the first conversation with the officer occurred but provided an innocent explanation for the second. The prosecutor ended the rehearsal, and Moore was indicted for making false statements before the grand jury in violation of 18 U.S.C. § 1623. The prosecutor refused to allow Moore to reappear before the grand jury to testify, and the court dismissed the indictment. The government (plaintiff) appealed.

Rule of Law

Issue

Holding and Reasoning (Robinson, J.)

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