"Courts deem recantations, particularly in cases of interfamilial abuse, to be presumptively incredible," says Walta. "The notion is based in social science, but also in this societal movement toward believing the victim and the intense social disapproval of sex offenders. It's not unjustified, but the system can't react well to exceptional cases."
"I've tried cases where the victim recanted at trial," Truman says. "Then the prosecution brings on experts to say it's typical for people to recant it just shows they were telling the truth before, and now they're conflicted because they really loved the defendant at one point. I remember one case where the expert convinced the jury that the recanting was just part of the ongoing victimization."
mark manger
Charles Farrar passed a polygraph and turned down a plea bargain, convinced he'd be acquitted at his 2002 trial. His earliest parole date is 77 years away.
alan prendergast
Sacha Bruce, now 26, recanted her testimony shortly after Farrar's trial — and was attacked by prosecutors.
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But prosecutors had particularly strong motives for attacking Sacha's recantation. Her affidavit didn't just claim that a cadre of criminal-justice professionals had been duped by a teenager; it also contained several serious allegations of prosecutorial misconduct.
According to Sacha, she'd told several people that the story wasn't true even before Farrar's trial. She'd asked one of her caseworkers what would happen if she'd made it all up and never heard back from her. Another told her she would likely be committed to an institution. Her therapist, she added, also dismissed her efforts to recant to her.
She said she tried to tell Schober it was all a lie the morning that the trial started the first time the two had actually met in person. Schober, she claimed, replied that any change in her story would lead to a mistrial and that Sacha might be deemed mentally unstable and locked up.
Because the conduct of the Arapahoe County District Attorney's Office was under fire, Leopold appointed a special prosecutor from Denver, Carlos Samour, for the recantation hearings. Schober, Vahle and the two caseworkers all denied under oath that Sacha had tried to recant to them or had been threatened in any way. Schober maintained that she had far fewer contacts with Sacha than the girl claimed. She'd only spoken to her by phone twice before the trial began; there had been virtually no opportunity for the prosecutors to assess Sacha's credibility for themselves prior to putting her on the stand and putting her stepfather away for life.
"I don't like to meet with the victim and go over the facts with them prior to trial," Schober testified. "I want them to go from their memory."
Was Sacha weaving outrageous lies into her recantation, just as she'd done in her original accusations? Perhaps, but certain aspects of her claims of being coached, cajoled and ignored were confirmed by other witnesses.
At one point Cathy and Juanita Timmons had eavesdropped on speakerphone when a social worker was prepping Sacha for Farrar's trial. The woman corrected Sacha on several points, including what age she was when the abuse supposedly started, so that her testimony would be consistent with her earlier statements. "My mom stopped it," Cathy Timmons says. "She picked up the phone and said, 'If she doesn't know what the truth is, you're not going to tell her.'"
Juanita Timmons testified that she'd warned Schober that Sacha "tended to make things up and tell tall tales." Schober's response, she remembered, was similar to the reply Sacha claimed to have received from the prosecutor about her misgivings: "She told me to comply and to not volunteer any information that I was not asked, or they would declare a mistrial."
Special prosecutor Samour led a vigorous counter-charge against the attacks on his colleagues. He suggested that Debbie had bought Sacha a car in exchange for her testimony and paid for her attorney, but there was no proof either insinuation was true. He summoned an ex-boyfriend of Sacha's, who said she'd told him her stepfather really did molest her and showed him poems she'd written about sexual abuse. But the boyfriend turned out to be a good defense witness: He admitted that, as the romance soured, Sacha had lied to him about being pregnant with his child and threatened to make false accusations against him and the poems could be interpreted any number of ways. Even Sacha's multiple diaries couldn't resolve anything; one version claimed the abuse was concocted, another didn't mention any abuse, and they all seemed to be a blend of fact and fiction.
Judge Leopold brooded for months over the conflicting testimony, then issued a highly equivocal ruling. Many of the victim's claims at trial were "bizarre" and "difficult to believe," he conceded. But her claims that Schober and Vahle had knowingly allowed perjured testimony were "not worthy of belief," either. In fact, Leopold was highly offended by her attack on the prosecutors' integrity, which he regarded as "a far more heinous allegation" than the ones she'd made that condemned a man to life in prison.
She was no more believable now than she was at trial, he concluded: "Nothing that the Court heard or saw during this post-conviction proceeding persuades it that the newly discovered evidence would produce a complete acquittal at a new trial...motion is denied."
The judge's ruling puzzled Walta, since demonstrating Sacha's lack of credibility would seem to be the key to an acquittal. "It was clear to him that she had significant credibility problems," he says. "But the jury never heard evidence of the recantation which was the whole point of the proceeding."