the offense of willfully telling an untruth in a court after having taken an oath or affirmation.
When prosecutor Steve Strain brought his witness to the stand, TBI agent Larry Davis, he asked him to describe going into the Burrows house and what he saw.
Larry Davis testified he walked into the house and found weapons. A small ball bat in the trash and a fire extinguisher on a chair. He said he took photos of the weapons and then collected them to take to the lab.
This is not true. Both men knew this was not true. Or if Steve Strain did not know it was true, he did not read the the preliminary hearing testimony where Larry Davis testified that when he entered the house, there were NO Weapons in the house and he was told by SGT Mike Brown that he had the weapons in the trunk of his patrol car.
Neither men wanted to explain to the jury why evidence was being moved around and ”put back,” — That the crime scene was obviously contaminated — and it was a complete botch job — so they just decided to lie so the jury would not know the the evidence being presented in court was tainted.
But most telling is that SGT Mike Brown was absent. He was not in court to testify. He is obviously the one who found and collected the weapons. So why was he not in court to testify? Why was Davis testifying as if he was Brown?
Mike Brown tells you in a taped interview that he called the DA and asked to testify and they told him they did not need him to testify. Why? Is it because they knew Mike Brown was not willing to lie?
And was it because the only way they could make a murder case is to lie about Malcolm Burrows wallet being stolen? And if Brown testified to the true facts he would ruin everything?
Sure seems like it.
Below are the two sections of testimony which clearly show the two different stories by Davis.
Here is what Davis told the court in a hearing before the trial.
And here is what Davis told the jury later at Trial :
Perjury, plain and simple.
Hear Sgt Brown talk about it here.