San Jose Criminal Lawyer

A former suspect is suiting the San Jose police officer that falsified a crime lab report linking him to a crime. He says that the officers violated his constitutional rights, maliciously prosecuted him, and falsely imprisoned him. The department spokesperson could not comment on the lawsuit because the case involves pending litigation.

The case dates to a March 2005 sexual assault case. The crime itself turned up zero DNA evidence but that didn’t stop police from creating a fake to attempt to get the suspect to confess. He didn’t. He requested a lawyer instead. 

The fake report was created at a time when the San Jose Police department allowed its detectives to create fake reports. When the victim could not be used as a witness due to her inability to distinguish a lie from the truth, the judge allowed the prosecution to question the officer that created the report. The officer testified that DNA had been found on a blanket and was used by the crime lab. Unfortunately, while defense attorneys were trying to find the report, it was discovered that the report was a fake. The district attorney agreed to drop the case then.

If you or someone you know is facing charges in a criminal court, do not hestitate to call a criminal defense attorney. Contact the San Jose criminal defense lawyers of the Law Office of Daniel Jensen at (408) 296-4100 to discuss your case.