Husband and Wife are divorcing, and each is vying for custody of their Sons.
Sons go to counseling with Counselor, a therapist.
Counselor and her husband (Corroborator), also a therapist, have offices in the same practice and suite.
Counselor testified in the custody trial that Husband yelled at Counselor in rage.
Corroborator also testified in the custody trial, backing up Counselor’s testimony.
It turns out that Husband secretly recorded his conversation with Counselor.
No yelling on the recording.
As a result, Counselor and Corroborator stand trial for perjury.
The family court judge presiding over the custody trial testified against Counselor and Corroborator at their criminal trial!
Yet Corroborator’s patient, presumably a neutral, disinterested third party witness, also testified that Husband was loud in Counselor’s office.
It is unclear whether the recording could have been incomplete or, as Corroborator contends, not legitimate at all.
Jury is hung and mistrial is declared because jury cannot reach a unanimous verdict.
Technically, the state can try Counselor and Corroborator again, but the likelihood is diminished.
Read more in this Lufkin [Texas] Daily News article: Counselor takes stand to defend self in perjury trial and this Lufkin [Texas] Daily News article: Judge declares mistrial in perjury case.
