207 A.3d 457
R.I.2019Background
- In February 2012 a 15‑year‑old student (“Molly”) was sexually assaulted in Cass Park adjacent to her high school; she later reported the incident and identified Jamal Rogers in a photo lineup.
- Rogers was indicted on one count of first‑degree sexual assault, five counts of second‑degree sexual assault, and one count of assault with intent to commit first‑degree sexual assault.
- At trial (January 2017) the State presented Molly and Detective Sergeant Matthew Ryan; Molly described forcible oral and vaginal penetration and other sexual contact.
- Rogers admitted at the police interview that he had removed Molly’s clothes and kissed her, claimed she consented to some acts, and acknowledged asking for fellatio; he did not admit vaginal intercourse during the initial interview.
- The jury convicted Rogers on five counts of second‑degree sexual assault and acquitted him on first‑degree sexual assault and the assault‑with‑intent count.
- The trial justice denied Rogers’ motion for a new trial; Rogers appealed, arguing the verdicts were against the weight of the evidence and that the trial justice erred in acting as a thirteenth juror.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial justice erred in denying the motion for a new trial under Rule 33 (verdict against weight of evidence) | State: Trial justice properly reviewed testimony, credibility, and applied law; convictions on five 2nd‑degree counts supported by evidence | Rogers: Jury’s acquittals on first‑degree counts show jury discredited key parts of Molly’s testimony; trial justice should likewise reject her testimony as thirteenth juror | Court affirmed: trial justice conducted proper independent review, did not misconceive material evidence, and reasonable minds could differ, so denial of new trial stands |
Key Cases Cited
- Kizekai v. State, 19 A.3d 583 (R.I. 2011) (great weight afforded trial justice’s ruling when reasons articulated)
- Guerra v. State, 12 A.3d 759 (R.I. 2011) (trial‑justice deference principles)
- Phannavong v. State, 21 A.3d 321 (R.I. 2011) (review of trial‑justice role on weight of evidence)
- Rainey v. State, 175 A.3d 1169 (R.I. 2018) (trial justice as thirteenth juror standard)
- Grantley v. State, 149 A.3d 124 (R.I. 2016) (procedures for weighing evidence)
- Heredia v. State, 10 A.3d 443 (R.I. 2010) (three‑step test for new‑trial review)
- Texieira v. State, 944 A.2d 132 (R.I. 2008) (trial justice independent assessment required)
- Peoples v. State, 996 A.2d 660 (R.I. 2010) (order new trial when state fails burden)
- Perkins v. State, 966 A.2d 1257 (R.I. 2009) (when to deny motion for new trial)
- Cerda v. State, 957 A.2d 382 (R.I. 2008) (same)
- Baptista v. State, 79 A.3d 24 (R.I. 2013) (trial justice’s advantage assessing credibility)
- Paola v. State, 59 A.3d 99 (R.I. 2013) (deference to trial justice credibility findings)