Alex Jones attempts to answer questions about his text messages.
Alex Jones attempts to answer questions about his text messages asked by Mark Bankston, lawyer for Neil Heslin and Scarlett Lewis, during trial on August 3, 2022.Briana Sanchez/AP
  • Legal experts said that Alex Jones could be charged with perjury.

  • Jones' phone was accidentally sent to opposing counsel.

  • Jones is accused of spreading false information about the Sandy Hook shooting.

Alex Jones' legal prospects went from bad to very bad in court on Wednesday after his lawyer accidentally sent the entire contents of Jones' phone to opposing counsel.

The parents of a boy killed in the Sandy Hook Elementary School mass shooting sued conspiracy theorist Alex Jones after he spread false information about the school shooting.

Jones was found responsible for defamation in the case and three other lawsuits for his depiction of the shooting. The first of the three civil trials will determine how much Jones should pay.

A text about the Sandy Hook massacre that Jones claimed didn't exist was included in a digital copy of his phone that was given to lawyers for the Sandy Hook parents.

The 11th-hour gaffe, which attorney Mark Bankston dramatically revealed in court on Wednesday, is almost certain to have an impact on the jury.

This is not a good day for Jones. Matthew Barhoma founded Power Trial Lawyers and Barhoma Law. It's a bad reflection on his character and credibility, which is especially important when you're on the stand.

According to Neama Rahmani, a former federal prosecutor, if the jury believes a person lied on the stand, they are free to ignore his or her entire testimony.

Rahmani said that the jurors are free to reject everything Alex Jones says if they think he lied about the texts.

The legal experts said the bombshell could have far-reaching implications.

The possibility of perjury

According to legal experts, Jones opened himself up to perjury charges because of his lawyer's mistake. The court would consider perjury if Jones lied about the text messages.

"That's a verification that you make under oath, and if it turns out later that's not true, that there are responsive text messages, there are responsive communications that should have been produced, and that's bad faith."

Jones could be charged with a crime like that.

The lawyer said that it could be a very big deal. If Alex Jones perjured himself, his legal problems are going to get worse.

A lawyer for Jones was not available.

The final decision on whether or not to charge Jones will be made by prosecutors in Texas. Rahmani said prosecutors would be more likely to pursue a criminal case again if the judge made a referral in the case.

The lawyer said it was very likely that Alex Jones would be prosecuted. Even if it doesn't, I think it's a very easy perjury case to prosecute in Texas.

Mark Bankston, lawyer for Neil Heslin and Scarlett Lewis, asks Alex Jones questions about text messages during trial at the Travis County Courthouse in Austin, Wednesday Aug. 3, 2022.Briana Sanchez/Austin American-Statesman via AP, Pool

Misdemeanor vs. felony

If you are convicted of perjury in Texas, you can be sentenced to up to 10 years in prison.

The perjury must take place during an official proceeding, such as a trial, and the perjury must be material, meaning the false statement could affect the outcome of the official proceeding.

Rahmani said that both elements for perjury and a 10-year state jail sentence would likely be met in this case.

Rahmani said it is a mistake he has seen happen many times on account of human error. He said that he had been on the receiving end of such a mistake.

He said it happens when you send a lot of emails. You communicate with your opposing counsel frequently. It happens when you deal with a lot of text messages.

Rahmani said that if Jones' attorney didn't know that the text messages existed, he wouldn't face legal consequences.

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