This case has been cited 1 times or more.
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2009-10-16 |
CHICO-NAZARIO, J. |
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| the court based its decision mainly and purely on the truthfulness and merit of such testimony. The prosecutor should have seriously considered not to proceed with his presentation of AAA who has been crying all the time that she was testifying on her Affidavit of Recantation supporting the Motion to Dismiss of the said prosecutor. Said AAA did not stop crying and it has been made clear to the Court that what she was telling at that time was against her will.[37] Retractions are generally unreliable and are looked upon with considerable disfavor by the courts.[38] In People v. Ballabare,[39] we held that a retraction of a witness does not necessarily negate an original testimony. | |||||