Is it possible for a defendants case be over turned if the only key witness retracts his statement 10 year later?

Question

Is it possible for a defendants case be over turned if the only key witness retracts his statement 10 year later?

Anonymous Jul 1, 2015 2 views 4 answers

A witness in a trial is now advising 10 years later that he was placed under severe pressure when providing a statement. He is now wanting to come forward and provide an accurate to an attorney. What measure will this weigh on the case seeing as he was the only witness? Will this be considered new evidence or what is the process?

Jay Finnecy · Accepted Answer · 2026-06-15T15:15:21+00:00

Jay Finnecy

Jay Finnecy · Jun 15, 2026

Ten years later, probably not. It's a little late in the game.

0 upvotes

John Kaman · Accepted Answer · 2026-06-15T15:15:21+00:00

That the sole witness retracts his statement at trial 10 years later means next to nothing in the eyes of an appellate court. It only gives rise to the question of whether he was lying at trial or he is lying now.

Michael Lukehart · Accepted Answer · 2026-06-15T15:15:21+00:00

Courts are extremely skeptical of delayed retractions. There is a heavy burden of persuasion. Years later, witnesses will say just about anything that's convenient. And courts tend not to believe them.

Is it possible for a defendants case be over turned if the only key witness retracts his statement 10 year later?

Attorney Answers

Browse by Practice Area

Browse by State