Ganzie on May 2, 1995. Indeed, the Commonwealth's attorney and a detective testified at the perjury trial that Ganzie reported the facts recited in the memorandum. Each false statement constituted a separate offense. Therefore, upon this evidence Ganzie was properly convicted of three charges of perjury. Ganzie argues that the trial judge erred in finding that the statements were material to the issues in the proceeding in which Ganzie made the statements.
Testimony is material if it is relevant to a main or collateral issue on trial.
At Peyton's trial, Peyton's attorney called Ganzie as a witness in the penalty phase. The issue before the jury at the penalty phase was whether to impose life imprisonment or the death penalty. Ganzie testified that Flagg and Jefferson committed the murders. His testimony, if believed, had the tendency to cause the jurors to doubt their verdict finding Peyton guilty of the murders and might have influenced their recommended sentence. Moreover, Ganzie's denial of his prior statements was relevant because the jury, in weighing mitigating evidence, had to decide whether Ganzie was credible.