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re: Melanie Curtin conviction over turned.

Posted on 10/5/23 at 9:03 pm to
Posted by Bestbank Tiger
Premium Member
Member since Jan 2005
71800 posts
Posted on 10/5/23 at 9:03 pm to
quote:

State didn't hide evidence. An affidavit was located by Perkins' attorney from a 2006 divorce case in Alabama that was relevant to the victim's credibility. That attorney turned it over to Melanie's attorneys.

Opinio below:


Did the victim's credibility play any role? I thought the main evidence was a video of the incident (which speaks for itself).
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27512 posts
Posted on 10/5/23 at 9:09 pm to
quote:

Did the victim's credibility play any role? I thought the main evidence was a video of the incident (which speaks for itself).


Just finished the opinion. The very short version is that the video cuts in during the act, so there's no evidence of whether she consented or didn't consent. She testified that she has no recollection of that night, so she can't testify to consent either way. However, she testified that, as a categorical, she would never consent to a threesome and allow it to be filmed. However, there was evidence that was kept out that she had previously engaged in filmed sex with multiple people, engaged in filmed sex with masks, and the later found affidavit outlines that she had had group sex with multiple other couples.

While none of that contradicts the video itself, it does potentially undermine her testimony that, in spite of the fact that she can't say she didn't consent, she can say with certainty that she would never consent under those circumstances.
This post was edited on 10/5/23 at 9:19 pm
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