Legal Experts: Florida AG McCollum ‘Has an Affirmative Duty’ to Alert Court of ‘False’ Rekers Testimony

The NYT discusses legal fall-out from the Rekers scandal:

"But legal experts say the scandal may affect more than Dr. Rekers’s reputation. They say it places obligations on those who have relied on Dr. Rekers to inform the court in at least one continuing case to modify or withdraw their arguments.

'Each lawyer must tell the court if he comes to know that one of his witnesses has given ‘false’ testimony,' said Stephen Gillers, an expert in legal ethics at New York University. That could come into play if the expert is discredited, he added."

Mccollum_rekers And it certainly comes into play with the Florida gay adoption case:

"In the November 2008 decision declaring the Florida gay adoption law unconstitutional, Judge Cindy Lederman of Miami-Dade Circuit Court wrote that Dr. Rekers was “motivated by his strong ideological and theological convictions that are not consistent with the science,” and not 'credible.' Mr. McCollum, a Republican who is running for governor, has appealed that decision. In papers filed well before the scandal broke, he denounced the court’s 'wholesale disregard' of testimony by Dr. Rekers and another expert, calling the decision 'arbitrary,' stressing Dr. Rekers’ qualifications and stating that 'the trial court entirely discredited him based on his religion.'

To Professor Gillers, Mr. McCollum is now obligated both as a lawyer and as a public official to alert the appellate court. 'It is not enough for the attorney general simply to refrain from relying on the testimony in his brief and argument,' he said. 'He has an affirmative duty to speak up.'"


  1. Daniel says

    I’d like to know where the hell George Rekers is hiding out. It’s OBVIOUS he is keeping a low profile – trying to wait this scandal out. Isn’t he a pastor at a Baptist Church? Where does he live? Where does he shop, or eat out? Staying at home much George? COWERING IN THE CLOSET??



    Why aren’t there some investigative journalists trying to track down “Doctor” Rekers? Get this MONSTER to answer some questions! Like – ARE YOU GOING TO REPAY FLORIDA TAXPAYERS the $120,000 you got for your BOGUS TESTIMONY? Are you going to apologize for ruining so many lives over the course of your “career?”

    Someone please find him and GRILL HIM!

  2. Sean says

    This jack ass won’t speak up until he is threatened with a lawsuit or his job.

  3. walter says

    mccollum must be held responsible for the use of false testimony in the adoption trial. and must also be held responsible for the taxpayers money that he spent. people should demand answers from him and remember all this when they vote for governor. he should be soundly defeated and then he rekers can hide in the closet together. where is this big defamation law suit of rekers. you defame someone by speaking the truth, george.

  4. anon says

    In theory what these “experts” said was true, but in the real world it never happens. McCollum is immune from prosecution and is not going to be impeached. He will not be disbarred. The main pressure that can be put on him is political. Any motions to have Reker’s testimony retracted and the trial reheld will be handled on appeal.