Originally posted by harry
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Determining whether or not Schwartz lied, by which I mean deliberately mislead the police rather than accurately recounted what he believed to be true despite being mistaken, would require a lot more information than we have.
However, if you are getting at the idea of whether or not the police believed that Schwartz did indeed witness the events he described, even if they doubted some aspects of his telling (who Lipski was shouted at, whether or not Pipeman really was chasing Schwartz rather than just leaving the scene in the same direction, etc), it might have been helpful to us if he had testified at the inquest as we would have his responses to examine.
Given the police were investigating along lines that are derived from Schwartz's statement to them (they were looking for Lipski families in the area after all), it is clear that they at least believed Schwartz witnessed the events he described, and allowed for the possibility that his interpretation was correct even though they thought it more likely that Lipski was shouted at Schwartz himself.
In that sense, no, I don't think we need Schwartz to have testified to evaluate the police view towards his statement. It is evident from their behaviour in response to his giving it to them.
Some of the internal communications where they do express concerns over his value as a witness seem in my opinion to be looking down the road to as a potential witness in a court setting, rather than as an inquest witness or as a witness providing potentially useful lines of investigation. I can't quite put my finger on it, but I recall last time I went through some of those documents I got that impression. Obviously, I could be wrong.
But running with that idea, while a witness may do the latter, their confidence or presentation of what they say may be such that they would not do well on the witness stand. The criterion for what constitutes a valuable witness will change depending upon the context, and a court case requires not only a witness that has useful information but also one who will be seen by the jury as being convincing. Any sign the witness may be unsure, or lacks confidence, gives the defense room to magnify that to reach "reasonable doubt".
- Jeff
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