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POOR MEMORY

Answers such as “I don’t know” or “I don’t recall” constitute answers and are, therefore, not contemptuous,

 

In re Michael, 326 U.S. 224 (1945);

Ex Parte Hudgins, 249 U.S. 379 (1914);

Brown v. U.S., 356 U.S. 148, 185 (1958) (providing a perjurious answer is not contempt where they can be shown to be false they may form the basis for a perjury prosecution);

 

Gebhard v. U.S., 422 U.S. 281 (9th Cir. 1970);

U.S. v. Nicolletti, 310 F.2d 359 (7th Cir. 1962), cert. denied, 372 U.S. 942 (1963);

U.S. v. Sweig, 441 F.2d 114 (2d Cir. 1971).

In re Investigating Grand Jury of Chester County, Pennsylvania (Lees), No. 197 Misc. 1987 (Pa. S.Ct. July 27, 1988) (responding that one does not remember constitutes testimony-the remedy, if the judge supervising the grand jury is  convinced that the answer is not a truthful one, is an indictment for perjury, not contempt), or obstruction of justice [18 U.S.C. §§ 1503 & 1505].

 

See  U.S. v. Alo, 439 F.2d 751 (2d Cir. 1971);

U.S. v. Cohn, 452 F.2d 881 (2d Cir. 1971).

 

See also        In re Grand Jury Proceedings, 539 F.2d 382 (5th Cir. 1976) (stating that there is no right to competency hearing where witness claims inability to recall).

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