In an unpublished opinion in United States v. Smith, No. 37863 (A.F.Ct.Crim.App. November 8, 2012), the AFCCA affirmed the convictions of the Appellant of “multiple sexual offenses involving his minor daughter, TDS” (resulting in a sentence of a dishonorable discharge, confinement for 27 years, forfeiture of all pay and allowances, and reduction to the grade of E-1), and denied a petition for a new trial that was based on the following facts:
In November 2011, about ten months after trial and a couple of months after payments under a waiver of automatic forfeitures would have ceased, the appellant’s daughter, TDS, signed a brief affidavit in which she recanted her in court testimony. She states that “none” of her in court testimony was true and that she was pressured by her mother and others to proceed. Based on the victim’s post-trial recantation, the appellant seeks a new trial.
Slip op. at 4. The court considered the extensive testimony of the girl, and the significant corroborating evidence, and reasoned:
Having carefully weighed the testimony at trial against the post-trial recantation of this young victim, we are not reasonably well satisfied that the testimony given by her at trial is false; therefore, the petition for new trial is denied.
Slip op. at 8.