This is a motion to dismiss a perjury case after the prosecution admitted during the final pre-trial that they cannot prove the perjury charge and indicated that they wished to proceed to trial on a falsification charge that was not part of the original indictment. The events that would support a falsification charge occurred several months after the events detailed in the indictment for perjury. This is an impermissible (under the Fifth Amendment) broadening of the indictment.

I wrote this motion for filing by another attorney licensed in the State of Ohio.