SalemNews.com, Salem, MA

Local News

April 26, 2013

Man found not guilty of child rape

(Continued)

If she didn’t recall every detail, the prosecutor argued, it was likely due to the fact that the case was 6 years old — more than half her lifetime — by the time it came to trial.

Her account has been consistent, Gubitose said. “The truth doesn’t change. It is what it is.” If she couldn’t recall some details, “she remembers the big stuff.”

“Why would you not believe her?” the prosecutor asked the jury. If anyone had a motive to lie, it was Gouker, suggested Gubitose.

The jury of 10 men and two women deliberated for about three hours, at one point asking the judge if there was any additional evidence, such as interviews of the girl.

Interviews of victims, however, are usually not provided to juries because they are considered inadmissible hearsay evidence. Instead, the jury is asked to rely on a victim’s testimony in court, where they can be cross-examined, as the girl was on Wednesday.

Courts reporter Julie Manganis can be reached at 978-338-2521, via email at jmanganis@salemnews.com or on Twitter @SNJulieManganis.

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