Justin Riordan’s Motion for New Trial Denied

On April 21, 2016, Justin Riordan, who was convicted in February for aggravated sexual assault of a child, motioned for a new trial. After waiting into the late hours of that evening, Judge Barbara Walther announced she would notify all parties of the decision when she had one.

This week, Walther came to a decision and denied Riordan’s motion.

“The Court finds that said Defendant’s Motion for New Trial is hereby overruled,” read the Court Order.

Prior to yesterday’s Order, on April 27, a Post-Hearing Brief in Support of Motion for New Trial was submitted to Judge Walther.

“By this brief, [the] Defendant seeks to show the Court why the new witness’s testimony is admissible,” read the Brief.

On April 20, when the Court heard evidence in support of Riordan’s motion for a new trial, the central issue was whether the statement made by complaining witness, K.S., to a “pretty good friend,” T.S., indicates the victim lied about Mr. Riordan raping her. When T.S. testified about K.S. saying she lied, the State objected to the out-of-court statement as hearsay, read the Brief (For that story, click here).

One local attorney, however, said people have to be very careful about disparaging the testimony of a child victim.

After the Motion for New Trial was denied, a Request for Findings of Fact and Conclusions of Law to Judge Walther was filed. The Defense is requesting the trial court prepare written findings of facts and conclusions of law upon regarding the Court’s denial of Riordan’s motion for a new trial.

Today, the Defense filed a Notice of Appeal.

For more information on the original trial, click here.