THE Office of the Attorney General’s Criminal Division is appealing the ruling of Superior Court Judge Pro Tem Elyze M. Iriarte granting William Abraczinskas’ request for a new trial based on newly discovered evidence.
“Yes, we are going to appeal,” Chief Prosecutor Chester Hinds told Variety on Wednesday.
On Thursday, Assistant Attorney General Frances T. Demapan — who also prosecuted the case against Abraczinskas — officially filed a notice of appeal.
Abraczinskas, 36, was found guilty by a jury on Sept. 13, 2024 of sexual assault in the first degree, assault and battery, and disturbing the peace.
He was scheduled to be sentenced on April 28, 2025, but on the same day, his attorney, David Miller, filed a motion for a new trial based on newly discovered evidence.
Miller said the new evidence would show that the victim lied when she testified that she was raped.
He stated that the evidence involves “personal knowledge of relevant conversations sometime after April 8, 2023, and before the case was in the news, between the victim and a judicial clerk who assisted the trial judge during and after the trial.”
According to Miller, on April 24, 2025, the defense received a tip that judicial clerk Eva Calvo possessed exculpatory evidence based on conversations she had with the victim.
Exculpatory evidence is favorable to a defendant in a criminal trial, as it may help prove innocence or reduce culpability.
Calvo, represented by attorney Charity Hodson, testified at an evidentiary hearing held on June 23.
After hearing from Calvo, Judge Iriarte ruled that the evidence presented was material under the five-prong test — stating it could have influenced the jury if introduced at trial and would have affected the credibility of the victim.
On June 25, Judge Iriarte issued a written order granting the defendant’s motion for a new trial on grounds of newly discovered evidence.
The judge also granted Abraczinskas’ request to be released from the custody of the Department of Corrections after he posted a $100,000 appearance bond. He was placed under house arrest.
Judge Iriarte has not yet issued a new jury trial schedule.
