People v. Rafael B.D.R.
Annotate this Case
The defendant, Rafael B.D.R., was convicted and sentenced to six years in prison for committing a lewd act upon a child under the age of 14 and sending or exhibiting harmful matter to a minor. The victim was his 11-year-old niece, Jane Doe. The defendant appealed his conviction, arguing that the trial court erred by denying his motion for a new trial based on newly discovered evidence that Jane's mother, Janeth, and the defendant's ex-wife, Elizabeth, had conspired to have Jane falsely accuse him of abuse.
The trial court had excluded testimony from two defense witnesses who would have testified that Janeth had asked them to lie about the defendant. The court found no clear nexus between these conversations and Jane's credibility. The prosecution's case relied heavily on the testimony of Jane and her older sister, Melissa. The jury found the defendant guilty of both charges.
Before sentencing, the defendant filed a motion for a new trial based on newly discovered evidence. Elizabeth had sent an unsolicited email to the defense counsel, disclosing that she and Janeth had devised a plan to falsely accuse the defendant of abuse to get him deported. The trial court denied the motion, finding that the new evidence was not credible and would not likely lead to a different outcome at trial.
The Court of Appeal of the State of California First Appellate District vacated the judgment and remanded the case for further proceedings. The appellate court found that the trial court had abused its discretion in denying the new trial motion without first holding an evidentiary hearing to assess the new evidence. The court concluded that Elizabeth's declaration did constitute new evidence and that the trial court had failed to properly evaluate its credibility and force.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.