Taylor

MEMORANDUM DECISION

INTRODUCTION

Defendant Roosevelt Taylor, Jr. is being prosecuted pursuant to 18 U.S.C. § 1623 for six counts of perjury for making false declarations during testimony before a grand jury. One of the requirements for conviction under section 1623 is that such declarations be “material” to the grand jury proceeding in which they are made. The United States has moved for a determination by the court that the false declarations alleged in the indictment are material as a matter of law. Defendant opposes the motion primarily on the grounds that the issue of the materiality of the declarations is a question for the trier of fact, in this case, the jury. Despite the great weight of authority supporting the government’s position, the court concludes that the issue of materiality under section 1623 is one for the jury, and that the government’s motion must therefore be denied.

DISCUSSION

At first blush, it would seem to be beyond question that the issue whether an allegedly false declaration is material to the proceeding in which it is made is a question of law to be determined by the court, and not a question for the trier of fact, typically a jury. See, e.g.,…