Corrupt persuasion of witness requires showing that intent was to cause witness to present false or misleading testimony or to prevent testimony

STATUTORY CONSTRUCTION United States v. Baldridge, No. 07-5121, ___ F.3d ___ (March 18, 2009)(N.D. Oklahoma). Appeal of multiple convictions including conviction for corruptly persuading another person to hinder, delay, or prevent testimony in an official proceeding in violation of 18 U.S.C. § 1512(b). HELD: The "corruptly persuades" element of crime of corruptly persuading another person to hinder, delay, or prevent testimony of any person in an official proceeding requires government to prove that defendant’s act of persuasion was performed voluntarily with intent to bring about false or misleading testimony or with intent to prevent testimony with hope or expectation of some benefit. Read the opinion here.