Courts properly reject some recantations, and any recantation made under circumstances where it appears a woman might have been pressured by her accuser should be examined with heigthened scrutiny. This news story about a recantation, then a recantation of the recantation, leaves no clues as to when the accuser was lying--but it's fairly clear she was lying about this incident at some point. In the absence of any clarifying evidence, this matter should not go to trial because, even though the man certainly might have done it, it's also reasonably possible that he's innocent, so there is reasonable doubt about his guilt. Read the story below.
New trial for man convicted of rape
Lycoming County Judge Marc F. Lovecchio recently granted a city man convicted of rape a new trial after the victim wrote a letter to the court recanting her story.
In January, jurors in Lycoming County Court found Jhalil K. Moore, 19, of the second floor of 802 Hepburn St., guilty of raping an unconscious young woman at a party in 2010.
The letter, Lovecchio's opinion reads, constitutes new evidence, which may result in a different verdict.
"Given the critical nature of (the victim)'s testimony and the fact that her letter can be used as substantive evidence to prove that the sexual contact between the defendant and her was consensual, the court concludes that the after-discovered evidence would likely result in a different verdict if a new trial were granted," the opinion states. "It is likely that a jury hearing these facts along with the other defense evidence introduced at trial would conclude that reasonable doubt exists as to the defendant's guilt."
At the time of trial, the victim, who admitted she was intoxicated at the time, said she could not remember if she gave permission to Moore or anyone else to have sex with her.
After the verdict, the victim wrote a letter stating that both she and Moore were intoxicated, and the sexual contact between them was with consent. In the letter she also indicated she did not want Moore to go to jail for "something he didn't do."
The victim gave the letter to Moore's girlfriend who passed it along to the court.
During a hearing regarding the letter held last month, the victim indicated Moore's girlfriend told her what to put in the letter regarding intoxication, consent and not wanting Moore to go to jail.
Despite acknowledging she wrote the letter and signed it, the victim said "it was a lie" and "nothing in the letter was true." She also told county Detective William Weber she was pressured into writing and signing the letter.
In granting the motion for a new trial, Lovecchio placed the case on the list for November trials.
Moore has been incarcerated in the Lycoming County Prison since March for violating the terms of his supervised bail.
Link: http://www.sungazette.com/page/content.detail/id/567148/New-trial-for-man-convicted-of-rape.html?nav=5011
Subscribe to:
Post Comments (Atom)
Posts
10 comments:
Mr Strauss's attorney said it best when he said, The current American media circus is an attempt to Inflame the public.
We have been saying this for years, and my question is why is it legal for American media to profiteer from "Inflaming" the public??
Because the public allows it and the system benefits/profits from it.
The media helps foster fear, hype and hysteria when they run a story concerning one or more acts of violence against women/girls. The public, being filled by feminist programming, believes whatever the "well-informed" media tells them and will defend the media as long as it suits their purpose(s)/fetish(es).
While the public is on a "hate binge". The system does what it desires. I will not reveal the nature of my work but, I am doing what I can to wake the public up to the horrible lies/myths they have been fed for so long.
There are uncountable wrongs that can, and will, laid at the feet of feminism and it's aiders and abettors.
Not to minimize the sufferings and losses of the Jewish people who lost loved ones in the nazi concentration/death camps but, what feminism and it's aiders/abettors did/caused(and the public allowed) was/is on a much larger scale; a war on/against all men and boys.
Hey guys
How come you can post in some threads and not in others?
I thought the discussions added a lot to the value of FRS... minus the psychos at both ends of the spectrum.
If she later recanted the recantation, that's even more evidence that she was lying all along. Compulsive liars only resort to the truth as a last resort, and quickly return to their normal pattern of deception.
So comments are back on for this post only, or will this be the new new trend?
Either way, unless there's some other significant evidence in this case the jury should vote to acquit; if it's based solely on a "he said, she said" and the "she said" is this inconsistent there's not enough to convict on.
"At the time of trial, the victim, who admitted she was intoxicated at the time, said she could not remember if she gave permission to Moore or anyone else to have sex with her."
Then even if she didn't change her story, he never should have been convicted.
zarko,
Pierce had disabled comment for a bit. Those posts that went up during that time don't allow comments. I'll be fixing that momentarily.
And we have gone to full comment moderation, so we ask everyone to have patience on comments appearing. This will go up in it's own post in a bit.
Manufacturing Consent: The Political Economy of the Mass Media by Edward S. Herman and Noam Chomsky
ISBN-10: 0375714499
ISBN-13: 978-0375714498
This is like a feminist version of the liar's paradox: "women don't lie and she lied about lying about being raped."
Post a Comment