Federal Prosecutor Mark Bennett: Allowing False Testimony in Federal Court is in the "Interests of Justice"
Government witness Kathryn Clover informed prosecutors Mark Bennett and Dan Kasaris that she committed perjury at Tony Viola's federal trial, but prosecutors refused to correct her false statements because "it jeopardized the outcome of their case ... [and] it served the best interests of justice to allow her testimony to remain unchanged," USA v. Clover, 10-cr-0075, N.D. Ohio, Docket # 29-1, page 8. Despite being fully aware that Clover lied at Tony's first trial, prosecutors Bennett and Kasaris continued to use Clover as a material witness in grand jury proceedings and at Tony's second trial, where, finally, Clover's perjury was exposed, and where she took the Fifth Amendment before incredulous jurors. Clover's false testimony was no impediment to her subsequent and continued trial and grand jury testimony for the government because, according to Prosecutor Kasaris, she was "heavily involved ... in several mortgage fraud investigations and pending cases ... [and] is scheduled to testify ... in State of Ohio v. Turner Nash ... [and] more grand jury testimony is expected," USA v. Clover, Docket 29-1, pages 8, 43-44. Similarly, Prosecutor Bennett stated in his own court filing that Clover offered "false testimony" at Tony's trial but he once again refused to correct or withdraw her perjured testimony, USA v. Clover, Docket # 46.
The Supreme Court has made clear that the government may not obtain convictions by presenting false trial testimony, Napue vs. Illinois, 360 US 264 (1959). The Napue case also states that prosecutors have a duty to correct testimony they discover is false, even if they didn't knowingly present the perjured testimony, but prosecutors Bennett and Kasaris simply refuse to obey the law. All documents referenced in this blog are being uploaded to the Evidence Locker of the FreeTonyViola.com web site so the public can see for itself how the Justice Department breaks the law to imprison innocent American citizens. We're asking you to share this blog on your social media accounts and help us expose the actions of Prosecutors Dan Kasaris and Mark Bennett to a wider audience.