State v. James LaPierre, 2012 R.I. LEXIS 159

James LaPierre was convicted in Rhode Island Superior Court of six counts of child molestation (three first-degree, three second-degree).
The charges stemmed from alleged sexual abuse of Jane, a minor, occurring across multiple years starting when she was eight or nine.
A prior grand jury and a second grand jury were involved; the initial four-count indictment was dismissed and replaced by six counts in 2008, with trial held in 2010.
Jane testified to numerous detailed acts; defense argued her testimony was inconsistent, vague, and not credible, with no physical corroboration presented.
LaPierre challenged the trial court’s denial of his motion for a new trial, arguing the verdict was against the weight of the evidence.
The trial court acted as a thirteenth juror, weighing credibility and the weight of evidence, and the Supreme Court affirmed the denial of the new-trial motion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the denial of the motion for a new trial clearly erroneous?	LaPierre argues Jane's testimony was inconsistent and incredible.	LaPierre contends the verdict should be set aside as against weight of the evidence.	No; denial affirmed; credible testimony supported verdict.
Did the trial court properly assess witness credibility in denying the new trial?	Court properly weighed credibility as thirteenth juror.	Court inadequately credited defense testimony and misread inconsistencies.	Yes; court's credibility determination was sound and within discretion.

State v. Bunnell, 47 A.3d 220 (R.I. 2012) (trial court as thirteenth juror; deferential review)
State v. Cipriano, 21 A.3d 408 (R.I. 2011) (weight of the evidence standard)
State v. Vargas, 21 A.3d 347 (R.I. 2011) (credibility determinations; appellate deferential review)
State v. Jimenez, 33 A.3d 724 (R.I. 2011) (credibility and weight on appeal)
State v. Rivera, 987 A.2d 887 (R.I. 2010) (standard for new-trial denial on appeal)