Perjury cases are rare mainly because it's so hard to prove someone intentionally lied. But Baltimore prosecutors pressed Lakishian Witherspoon hard because she torpedoed their case against a man in a 2009 gun case.
The Baltimore Sun's Jessica Anderson reports today that "Witherspoon had testified that she did not know Michael Jones, also known as Philip Jones, during his trial or how he was in possession of her vehicle, where the handgun had been found. ... But an investigation by the Baltimore State's Attorney's Firearms Investigation Violence Enforcement Division found Jones was listed as the father of Witherspoon's child on hospital records and that the two had an ongoing relationship, according to jail phone records."
Prosecutors in the Baltimore State's Attorney's Office said they tried to keep Witherspoon off the stand but the Circuit Court judge denied their motions. It was only after the suspect was found not guilty that authorities learned of her relationship -- he was in fact the father of her child -- and charged her with lying under oath.
It's a good demonstration of what prosecutors face day in and day out. Jones, who had been charged with being a felon in possession of a handgun and face a mandatory five year prison sentence, went home. Prosecutors got the last laugh, however, with his girlfriend getting a five years suspended prison sentence and three years supervised probation.
Here is a statment from prosecutors with a detailed account:
LAKISHIAN WITHERSPOON ADMITS TO PERJURY IN 2009 HANDGUN TRIAL
AND SENTENCED TO 5 YEAR SUSPENDED SENTENCE
Witherspoon Indicted by Grand Jury After She Was Called as Last Minute
Defense Witness in July 2009 Felony Handgun Trial
Investigation Revealed that She Lied Under Oath
Defendant in Handgun Trial Found Not Guilty in July 2009
Baltimore, MD – April 28, 2010 – At a hearing Monday, the Honorable Lynn K. Stewart sentenced Lakishian Witherspoon, 33, of the 9200 block of Bridal Path Lane, to a five year suspended sentence with three years supervised probation following her guilty plea to perjury. As a result of the guilty finding, Witherspoon will never again be able to testify in a court of law because she is considered "incompetent" legally.
The perjury investigation was initiated by prosecutors in the Baltimore State's Attorney's FIVE Division (Firearms Investigation Violence Enforcement) after Witherspoon was called as a "surprise" defense witness during felony gun trial proceedings last summer. Following the investigation, the Grand Jury returned a perjury indictment in October, which carries a possible ten year sentence.
On July 15, 2009 before the Honorable Alfred Nance in Courtroom 556 of Courthouse East in the Circuit Court for Baltimore City, the defendant testified as a last minute defense witness in the matter of State of Maryland v. Michael Jones, also known as Philip Jones, in felony handgun case (108351037). In that case, Jones was charged as a prohibited felon in possession of handgun and faced a mandatory five year no parole sentence upon conviction.
During direct and cross examination in the circuit court jury trial last summer, Ms. Witherspoon testified under oath that she did not know Michael Jones, who was in possession of her vehicle and the vehicle he was observed operating and the car where the handgun was found. During the investigation, it was learned that Michael Jones was listed as the father of Lakishian Witherspoon's child on hospital records, records that she completed. Jail phone records obtained during the investigation also revealed that Witherspoon and Jones had an ongoing relationship and talked dozens of times while Jones was incarcerated pending trial in the handgun case.
FIVE prosecutor Angela Worthy prosecuted Michael Jones in July 2009. The defense attorney produced Witherspoon as a last minute witness and over the State's objection. Judge Nance allowed her to testify. Lakishian Witherspoon testified that the car in which a gun was recovered belonged to her. She also testified that she loaned the car to her cousin, who had been murdered by the time of the trial, and that she never gave her car to the defendant and she knew of no reason he should have been in or near her car.
On cross examination prosecutors asked if she knew the defendant Michael Jones at all to which she responded she did not. Based on information gathered in the continuing investigation of the handgun case against Jones, prosecutors asked Witherspoon if she knew the newborn baby was in fact the child of Michael Jones. Ms. Witherspoon denied that allegation. After a few more questions the witness was allowed to step down from the witness stand.
Judge Nance did jury instructions and the lawyers proceeded to closing arguments. While the jury was deliberating, prosecutors were able to confirm through hospital records that the defendant was in fact the father of the witness' child. Prosecutors asked Judge Nance permission to re-open the State's case (permissible under the Rules and case law) but the State was not permitted. The jury returned a verdict of not guilty.
During the investigation, Michael Jones' phone calls from jail were reviewed and it was discovered that he spoke to Lakishian Witherspoon frequently and dozens of calls were logged. The State verified that the phone number he called was registered to Lakishian Witherspoon. At that point, he State sought an indictment for perjury.
On April 28, 2010, Lakishian entered a guilty plea and was sentenced to a 5 year suspended sentence with 3 years of supervised probation.
"Prosecutors will fully investigate and prosecute blatant acts of perjury that hinder justice," said David Grzechowiak, Team Captain in the FIVE Division. "I commend the excellent work of Prosecutor Angela Worthy, who diligently pursued a gun case against a prohibited felon, and her conscientious effort to ensure that the jury in the Jones gun case heard all of the facts."
These cases were jointly prosecuted by David Grzechowiak and Angela Worthy.