Posted By:
Jeff LichtmanI think the perjury issue is only theoretically possible if we can assume that the guy took roids prior to this positive test. Is it possible to think that this is the first time in his life that he ever took a banned substance? Was Canseco a clairvoyant? As for proving he lied under oath, again, without hard proof you'd be stuck with a case built on Canseco's word and his subsequent positive test. Canseco's word could arguably be admissible as non-hearsay as an admission of a party-opponenet or a declaration against penal interest (who knows what Canseco would claim Raffy said about buying the drugs). So, it's not just as simple as a positive test prior to the sworn testimony to ensure a conviction for perjury. Plenty of criminal defendants are convicted based upon the word of a cooperating witness and nothing more.