Using Defective Official Oath to Discredit Officer Testimony
Colorado law makes it a crime for a notary not to follow notarial law. I suspect all states have similar notarial laws.
The deputy sheriff’s on-file oath was not in compliance with Colorado law meaning that when he signed it he was looking right at a violation of law respecting condition precedent to having his job and he took no action. It is highly likely the notary worked at the sheriff’s office.
It would seem this would cast in doubt his ability to spot crime.
This would be done on cross examination:
Defendant: Is this your oath of office?
Officer: Yes it is.
Defendant: Judge, would you open Title 12 of Colorado Revised Statutes to chapter 55. I would like to ask the defendant a question from it.
Defendant: Would you describe for the record what you have before you?
Officer: It is state notarial law.
Defendant: Turn to 12-55-105 and read that section for the jury.
Officer: “every applicant for appointment and commission as a notary public shall take the following affirmation in the presence of a person qualified to administer an affirmation in this state: "I, (name of applicant) solemnly affirm, under the penalty of perjury in the second degree, as defined in section 18-8-503, Colorado Revised Statutes, that I have carefully read the notary law of this state, and, if appointed and commissioned as a notary public, I will faithfully perform, to the best of my ability, all notarial acts in conformance with the law.”
Defendant: As you have been trained in recognizing crimes, failure to follow notarial law would amount to the crime of perjury in the second degree?
Officer: That is correct.
Defendant: Turn to 12-55-119(1) and read for the court what it says there.
Officer: “If an affirmation is to be administered by the notary public in writing, the person taking the affirmation shall sign his name thereto, and the notary public shall write or print under the text of the affirmation the fact that the document has been subscribed and affirmed, or sworn to before me in the county of , state of Colorado, this day of , 20 .”
Defendant: Referring back to your oath of office, do you see the phrase, the document has been subscribed and affirmed, or sworn to before me in the county of , state of Colorado?
Officer: No, I do not.
Defendant: As a newly sworn in law enforcement officer, didn’t you have authority to make an arrest of the notary for committing a felony of 2nd degree perjury in your presence?
Officer: Yes I did.
Defendant: Why didn’t you?
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