“Who Are You Going to Believe?”: When the State Calls a Witness Just to Call Them a Liar

By: John Guidry

Eddie Murphy has a classic rant about being caught cheating. He’s trying to convince his wife that she didn’t really see him having sex with another woman.

“Who are you going to believe, me, or your own eyes?” (I saw Eddie on his excellent “Raw” tour—remember those days when comedians were rock stars?)

This same sort of logic is utilized by prosecutors. They want you to believe the police reports written hours later, but not believe the actual eyewitness standing in front of the jury who says, “That report is wrong.”

The Reality: Evidence gets filtered and manipulated by law enforcement before it ever reaches the court system. I’ve experienced this firsthand. Years ago, I witnessed a crime. There were four of us. The police handed us forms, told us what to write, and we started writing.

• The Filter: My statement described “unnecessary roughness” by the police.
• The Result: My statement disappeared. It probably ended up in a Dunkin’ Donuts trashcan somewhere in Orlando.

So, what happens when a witness, upon sober reflection, decides that the police report is inaccurate? Can they recant? Yes, but the State hates that. And they have a dirty trick to fix it.

Did a witness change their story, but the prosecutor is ignoring them?

The State cannot force a lie. Call John today at (407) 423-1117.

The Case: Felton v. State (The “Impeachment” Trap)

In Felton v. State, 120 So. 3d 126 (Fla. 4th DCA 2013), Felton was convicted of battery and robbery.

• The Witness: His cousin was an eyewitness. Originally, she signed a statement saying Felton beat and robbed the victim.
• The Recantation: Later, the cousin stopped cooperating. She refused to come to court.
• The Arrest: The State got a Material Witness Warrant (a writ of bodily attachment), arrested the cousin, and held her in jail to force her to testify.

The Trial: When the cousin finally took the stand, she didn’t help the State. She testified:

“That’s not my handwriting. That’s not my signature. I didn’t say that.”

The Trick: The prosecutor didn’t care. He knew she would say that. He only put her on the stand so he could call the Deputy to testify: “Yes, she signed it. Here is what the paper says.”

• The Goal: The prosecutor used the impeachment (proving she was lying now) to sneak the prior statement (the police report) into evidence.

The Ruling: You Can’t Call a Witness Just to Impeach Them

The defense attorney objected: “You can’t call a witness for the sole purpose of impeachment.” The Judge overruled it, claiming the State was “Surprised” by her testimony.

The Appeal: The Fourth DCA reversed the conviction.

• The Law: Under Morton v. State, a party cannot knowingly call a witness primarily to introduce a prior statement that would otherwise be inadmissible hearsay.
• The “Surprise” Lie: The Appeals Court called out the trial judge. How could the State be “surprised”? They had to arrest the witness to get her there! They knew she was hostile.“The prosecutor did not call [the cousin] with any reasonable expectation that she would testify to something helpful… aside from the prior inconsistent statement.”

The Lesson: The State cannot put a witness on the stand just to call them a liar and read their old police report to the jury.

John’s 2026 Update: Body Cams & “Evidence-Based Prosecution”

Note: In 2013, the State needed the cousin’s testimony. In 2026, they don’t need her at all.

1. The “Excited Utterance” Loophole (Body Cams) In Felton, the cousin denied writing the statement.

• The 2026 Reality: Today, the statement is on Body Cam.
• The Change: If the cousin yells “He hit him!” on video immediately after the crime, that is an Excited Utterance. It is an exception to Hearsay. The prosecutor can play the video without calling the cousin to the stand. They don’t need to impeach her; they just play the tape.

2. Evidence-Based Prosecution (The “No Victim” Trial) In Domestic Violence cases, prosecutors now assume the victim will recant.

• The Strategy: They build the case using 911 calls, neighbor surveillance video, and body cam footage of injuries.
• The Result: Even if the victim signs a “Waiver of Prosecution” or testifies for the defense, the State moves forward. They argue: “She is recanting because she is scared/in love, but the video doesn’t lie.”

3. Marsy’s Law & Depositions

• The Obstacle: Florida’s Marsy’s Law (Victim’s Rights) has made it harder for defense attorneys to depose victims.
• The Defense: However, if a witness has recanted, they are no longer a “victim” in the eyes of the State—they are a “hostile witness.” We use this change in status to demand a deposition to get the new truth on the record before trial.

Don’t Let the Police Report Be the Final Word

Police reports are often fiction. If the actual witnesses disagree with the paper trail, we make sure the jury hears the truth—not just the version the State wants them to hear.

Call me at (407) 423-1117. Let’s get the sworn statement.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.