My bosses girl friend testified against him in a dui case. He,tried to sway her. She lived and worked with him. He fired her after the conviction. She,is now pressing witness tampering on him. She constantly texts him and him the same. He hired her back, under protest. She has recorded all 3 years of their relationship. I believe she set him up. He is/ was a heavy drinker at the time.
Witness tampering is difficult to prove. Here is language directly taken from the statute. Perhaps this can help your boss.
A person is guilty of the third degree felony of tampering with a witness if, believing that an official proceeding or investigation is pending or about to be instituted, or with the intent to prevent an official proceeding or investigation, he attempts to induce or otherwise cause another person to:
(a) testify or inform falsely;
(b) withhold any testimony, information, document, or item;
(c) elude legal process summoning him to provide evidence; or
(d) absent himself from any proceeding or investigation to which he has been summoned.
I think the girlfriend would need to have some documentation that such was the case in order for the prosecutors to succeed.
Good luck!
If I understand correctly: 1) Your boss is dating the girl and living with her; 2) She testified against him; 3) he fired her; 4) She is pursuing new, witness tampering charges; 5) he hired her back and discovered she had recorded all three years of their relationship?
If that is correct, the witness tampering/obstruction of justice prosecutor screener should know of it. The reason is because he may be able to avoid charges. However, if she recorded his attempts to coerce or sway her, then his attorney has a tough row. There are many ways to set this up for a good defense at trial, and perhaps even a civil injunction against her, but no affirmative defense which will prevent a prosecution. The fact that she did testify against him weighs against a prosecutor pursuing this, unless threats were involved and recorded.
No statutory affirmative defense exists for that charge. He needs to get an attorney and handle his issues without you trying to solve it on the internet for him.
