"Testilying" - NJ Police Officer Charged With Filing False Report and Lying Under Oath

Frank Pagano, a 43 year old police sergeant in Pohatcong New Jersey, was indicted on charges that he filed a false police report and lied under oath. www.nj.gov/oag/newsreleases08/pr20080619a.html


The charges stem from Pagano’s stop of a car and subsequent search of the car. The charges allege that Pagano’s written report of the incident was false, and that he lied under oath to the grand jury and in the Superior Court during the defense motion challenging the constitutionality of the search. The charges allege that the cop’s testimony and report were in stark contrast to a police videotape of the incident. The cop’s testimony was alleged to have been tailored to justify his search of the defendant’s car.


I respect law enforcement. I have a wife and two kids, and the police protect my family. I am comforted knowing that police are on the job and buffering me and my family from crime and criminal elements.


I am troubled when a police officer twists the truth, embellishes, and outright lies to gain a conviction. There is a well-entrenched term used in the system to describe such conduct – “Testilying.” According to Wikipedia (wikipedia.org) “[t]estilying is police slang for the practice of giving false testimony against a defendant in a criminal trial, typically for the purpose of "making a stronger case" against someone they believe to be guilty, although it may also be for the purpose of framing an innocent defendant.” http://en.wikipedia.org/wiki/Testilying

Famed defense lawyer Alan Dershowitz accurately observed that “For anyone who has practiced criminal law … the disclosures about rampant police perjury cannot possibly come as a surprise. "Testilying" — as the police call it—has long been an open secret among prosecutors, defense lawyers, and judges.” http://en.wikipedia.org/wiki/Testilying

Testilying occurs in Municipal Courts. The local cozy nature of the system creates a comfortable environment for the handful of cops who are “testiliars.” Cops know that the local Judge is highly unlikely to rule that he is not credible. The Judge is appointed by the local council and Mayor. If the Judge finds a cop not credible, the cop will go cry to his Sergeant, the Sergeant will tell the Captain, the Captain will tell the Chief, and the Chief will go to the Mayor. What do you think will happen next? The Mayor will reach out to the Judge and well … you fill in the rest.

The independence of the Judiciary at the Municipal Court level is often illusory. Judges have a tough task because the cozy political environment tends to emasculate their independence.

Rats thrive in dirty environments. My wife and I were walking on the street in New York late one evening. Garbage was piled up on the street and the NYC rats were just loving it. Similarly, the political culture in Municipal Courts creates a perfect environment for testilying to occur and thrive. The cops are often protected by a bunch of “big daddy's” who will always step in and clear the way for them.

I respect the police and I support the police. I am not suggesting that all cops lie. Many police officers enter law enforcement as a calling – because they have a gifting and hearts to help others. Police officers risk their life and limb every day to protect. They deserve the utmost respect.

It is despicable and frustrating for me to witness (as I have over the years) police officers who embellish and lie to convict. The reaction from my clients is often the same, and to the effect that “OK, I know I am wrong, but why do they have to do that (lie).” The Municipal Court culture creates an environment of “no consequences” for testilying.

We are all imperfect. The great King David said, “I know my transgressions … [s]urely I was sinful at birth, sinful from the time my mother conceived me.” Psalm 51:3-5. King David’s son Solomon later asked rhetorically, “[w]ho can say, I have kept my heart pure; I am clean and without sin"? Proverbs 20:9. I have to believe that at some point and at some level, everyone will pay a price and will have to give account.
Greggory M. Marootian, Esq.
New Jersey DWI Defense Lawyer
http://www.njdwidefense.com/