People v. Weiss

99 A.D.3d 1035, 952 N.Y.2d 637

This text of 99 A.D.3d 1035 (People v. Weiss) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Weiss, 99 A.D.3d 1035, 952 N.Y.2d 637 (N.Y. Ct. App. 2012).

Opinion

Peters, PJ.

In October 2005, during a time when defendant and her former husband, Brian Jeker, were involved in a hotly contested custody dispute concerning their children, defendant claimed that Jeker assaulted her as she was leaving a “pee wee” football game in the Town of Maine, Broome County. When police responded to the incident, they found defendant visibly injured. Two witnesses, Megan Schmid and Stephanie Murphy, provided sworn statements depicting a man of Jeker’s description as the assailant. Jeker was thereafter charged in connection with the incident but, on the eve of his trial, Schmid and Murphy each recanted their statements. In so doing, Schmid explained to the prosecutor that the injuries defendant suffered, rather than being caused by Jeker, were the result of a planned and consensual attack against defendant. In plotting the assault, defendant met Murphy through a mutual acquaintance, Kevin Hyde, and then defendant, Murphy and Schmid met at a restaurant where defendant offered Murphy and Schmid $500 to falsely report that Jeker caused her injuries. As part of the plot, defendant was attacked by a neighbor of Murphy and Schmid, whom defendant had paid $50, and self inflicted some of her injuries with a razor blade. Accordingly, the charge against Jeker was dismissed.

Thereafter, in February 2006, defendant approached Murphy and offered to pay her a sum of money to sign a notarized statement retracting her earlier recantation and reasserting the truth of her initial statement. As a result, defendant was indicted and, in May 2007, she pleaded guilty to the crime of attempted bribing of a witness and was sentenced to five years of probation. During her plea allocution, defendant admitted only that she sought to influence Murphy as a witness in a court proceeding by preparing for her an affidavit with which Murphy had no involvement or input. The plea neither required defendant to admit that the attack against her was orchestrated by her or that Jeker was the assailant. Such plea was in satisfaction of any charges regarding her fabrication of the assault, including any prosecution related to perjured testimony that defendant provided in a 2005 deposition concerning the child custody proceeding during which she described Jeker as the assailant and denied knowing Murphy and Schmid.

[1037]*1037During a subsequent deposition regarding a custody modification proceeding commenced by defendant in July 2007, defendant provided sworn testimony that Jeker had attacked her in 2005, that she had not met Murphy through Hyde and that she had never met with Schmid at the restaurant in the fall of 2005. Based upon this allegedly false testimony, defendant was indicted on three counts of perjury in the first degree. She successfully moved to dismiss the perjury count related to the statements regarding Jeker’s conduct

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Bluebook (online)
99 A.D.3d 1035, 952 N.Y.2d 637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-weiss-nyappdiv-2012.