198 A.3d 516
R.I.2019Background
- Child (John), born 2005, primarily lived with mother; had court-ordered visitation with father, George Tabora.
- After a 2014 trip to Morocco, nine-year-old John wrote a school assignment (dated 8-28-2014) disclosing sexualized conduct by his father, prompting a DCYF investigation.
- John testified at trial that when he was seven–eight, Tabora exposed him to sexual movies, forced him to watch them, entered the shower and touched/rubbed John’s genitals, and threatened him to stay silent.
- Medical and mental-health witnesses (a child-abuse pediatrician and a clinician) testified about their examinations/interviews and the child’s disclosures and demeanor.
- Tabora was indicted on two counts of second-degree child molestation (G.L. 1956 § 11-37-8.3); a jury convicted him on both counts in January 2017.
- Trial justice denied Tabora’s Rule 33 motion for a new trial; sentence was two concurrent 25-year terms (15 years to serve). Tabora appealed; Supreme Court affirmed.
Issues
| Issue | State's Argument | Tabora's Argument | Held |
|---|---|---|---|
| Whether the trial justice erred in denying the Rule 33 motion for a new trial based on weight and credibility of the evidence | Evidence (child testimony plus expert/clinician corroboration) was credible and sufficient to prove elements beyond a reasonable doubt; trial justice properly exercised role as 13th juror | Child testimony was unreliable/contradicted; other witnesses failed to corroborate and trial justice overlooked or misconceived material evidence, so verdict was against weight of evidence | Trial justice applied correct analysis, made credibility determinations after independent review, did not misconceive material evidence, and denial of new-trial motion was affirmed |
Key Cases Cited
- State v. Baptista, 79 A.3d 24 (discusses trial-justice role in new-trial review)
- State v. Staffier, 21 A.3d 287 (framework for 13th-juror review and new-trial standard)
- State v. LaPierre, 57 A.3d 305 (trial justice’s duty to assess credibility and weight of evidence)
- State v. Paola, 59 A.3d 99 (deference to trial justice when proper procedure and reasoning are articulated)
- State v. Rivera, 987 A.2d 887 (trial justice’s superior position to judge witness credibility)
- State v. Luanglath, 749 A.2d 1 (trial justice better positioned to observe witnesses)
- State v. Banach, 648 A.2d 1363 (new-trial relief when trial justice overlooks or misconceives material evidence)