This case has been cited 1 times or more.
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2003-04-30 |
YNARES-SANTIAGO, J. |
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| Appellants also make much of the fact that there was an appreciable delay between the date of the commission of the crime, November 5, 1989, and the day when Lagundino testified on July 14, 1992. They alleged that Lagundino never adequately explained the reason for such delay, and that this omission, "rendered the evidence for the prosecution insufficient to establish appellants' guilt in connection to (sic) the requisite of moral certainty."[42] However, the fact that it took Lagundino little more than two years and eight months before he was able to give testimony in this case does not damage his credibility. His initial reluctance to implicate the appellants was undoubtedly borne out of fear that they would come after him if he came forward.[43] The prevailing rule is that fear of reprisals serves to excuse such delay,[44] and thus the credibility of Lagundino's testimony is maintained. | |||||