By Bryan Manabat
[email protected]
Variety News Staff
THE complaining witness in the sexual abuse trial of Justin Diaz recanted her accusations on Wednesday, telling a jury she lied when she previously claimed he had sexually assaulted her.
During testimony Wednesday afternoon, the girl stated that the allegations she leveled against the 40-year-old Diaz were untrue. Asked directly whether Diaz had sexually abused her, she replied, “No.”
The charges and original allegations
Diaz is currently on trial for second-degree sexual abuse of a minor and disturbing the peace. He has pleaded not guilty to the charges.
The prosecution’s case centers on an alleged incident on the night of Aug. 22, 2023. Prosecutors contend that Diaz entered the bedroom of the victim — then 14 years old — while the household was asleep and touched her inappropriately.
However, the girl told the jury Wednesday that she fabricated the entire account. She testified that Diaz was a strict figure who forbade her from seeing her boyfriend. On the day she made the initial accusation, she said she was “emotional” over the relationship and feared she might be pregnant.
‘I lied’
The witness further admitted to providing false information to medical professionals. “I lied to the nurse that I was sexually assaulted,” she said, referring to the sexual assault nurse examiner who evaluated her at the Commonwealth Health Center.
Following the recantation, the prosecution attempted to impeach the witness by introducing her prior inconsistent statements. This included a recorded forensic interview in which she had detailed the alleged assault.
Outside the presence of the jury, Assistant Public Defender Emily Thomsen moved for a mistrial. Alternatively, the defense requested that Superior Court Associate Judge Kenneth L. Govendo instruct the jury to strike the forensic interview video from the record, arguing it was now superseded by the witness’s live testimony.
Background
The girl acknowledged writing a letter to defense counsel prior to the trial stating her allegations were false. When asked if she had been pressured into writing the letter, she denied it, reiterating that she made up the story because she resented Diaz’s strictness.
According to the original criminal complaint, the case emerged after a 14-year-old boy reported to police that his girlfriend was contemplating suicide and claimed she had been abused by Diaz. At the time, the girl told forensic interviewers and Child Protective Services that the August incident was part of a pattern of abuse and that she feared for her safety.
Next steps
Government witnesses who have testified so far include responding police officers, Division of Youth Services investigators, and the girl’s former boyfriend.
The jury trial, which began Monday, is scheduled to resume Thursday morning. The prosecution is expected to call additional witnesses, including an expert from the FBI.
The government is represented by Chief Prosecutor Chester Hinds and Assistant Attorney General Frances Demapan. Diaz is represented by Chief Public Defender Douglas Hartig and Assistant Public Defender Emily Thomsen.
Bryan Manabat was a liberal arts student of Northern Marianas College where he also studied criminal justice. He is the recipient of the NMI Humanities Award as an Outstanding Teacher (Non-Classroom) in 2013, and has worked for the CNMI Motheread/Fatheread Literacy Program as lead facilitator.
