In support of their motion, plaintiffs now contend that when Mrs. Martinez testified that prosecution was only initiated when she refused to sign a release, an inference of impropriety arose which the jury should have been permitted to consider.
No facts nor substantiation to support this inference was presented; defendant's security personnel, the convicting magistrate, nor any of defendant Korvette's employees were called as witnesses. Plaintiffs' contention, as set out in their brief, that the testimony of defendant's employee before the Justice of the Peace was false is insufficient in itself to impeach the validity of that proceeding. Mrs. Martinez's statement that she was told “if you don't answer the questions here, you will answer them in the police station.” (N.T. 29, 30), cannot, in the absence of anything further, support plaintiffs' contention of exceptional circumstances which would warrant a conclusion that the original conviction failed to establish probable cause.