[Merenguero]

Procedurally, it is clear that what this guy needs to do is file a Motion for a New Trial based on after-discovered evidence. Attaching an Affidavit from the alleged victim would strengthen his argument. Such a Motion may or may not be untimely, based on the rules of that particular state. Often, situations where there is after-discovered evidence are treated differently than other situations. The mere fact that she is now changing her story in no way guarantees that he would be found not guilty. I saw a trial not too long ago where I was on deck waiting for my case to be called for trial. In this case, the victim who was the lone eye witness to the alleged incident completely changed her story and denied that the Defendant did anything to her. The judge still found the guy guilty. I have had two trials where the alleged victims unexpectedly decided to testify in my clients' favor and deny that they committed any wrongdoing. I think that in both cases the prosecutors were ill prepared and monolingual and therefore unable to effectively communicate with tbe alleged victims prior to trial. Both trials resulted in not guilty verdicts.