Repudiated Statement = No Conviction
In Indiana, a conviction may not be based upon a recanted out of court statement unless there is substantial independent evidence of probative value from which the jury could infer the repudiated statement is credible.
In Stewart v. State, the alleged victim repudiated her statements to police and denied making them under oath at trial. No eyewitnesses existed for the altercation and the victim suffered no injuries. The defendant did not confess or attempt to flee. Other than the testimony of the police officers regarding the recanted statements, the State presented no evidence corroborating the out of court statements. The Court reversed the convictions for confinement and battery because no substantial evidence of probative value was presented from which a reasonable jury could infer the recanted statements were credible making the evidence insufficient to support the convictions.
With over 35 years of handling thousands of criminal cases, Steven Knecht is familiar with the possible defenses to criminal charges. Few other attorney can match his trial experience and knowledge of criminal law and he can use that experience and knowledge to benefit you. If you find yourself having been arrested, you should immediately hire an experienced criminal defense lawyer that you can trust such as Steven Knecht to help you fight the State because you have a lot at stake on the outcome.