New Mexico Supreme Court upholds Doña Ana County man’s child sex crime convictions

Justices rejected Rafael Arias' bid for a new trial after his daughter recanted her testimony, finding that concerns about possible outside influence supported the trial court's ruling.

Arrest and charges

In a unanimous decision issued Nov.

13, the justices rejected challenges brought by Rafael Arias, who was convicted in 2021 of two counts of first-degree criminal sexual penetration of a child under 13, two counts of second-degree criminal sexual contact of a minor and two counts of third-degree criminal sexual contact of a minor.

Charges and court proceedings

The New Mexico Supreme Court on Friday upheld six child sex crime convictions against a Doña Ana County man, ruling that a district judge properly denied his request for a new trial after his daughter recanted her testimony.

The court concluded that the district judge did not abuse his discretion in rejecting the recantation, that improper testimony from a prosecution expert did not require reversal and that sufficient evidence supported the jury's verdict.

The decision, written by Justice Briana H. Zamora, affirms an earlier ruling by the New Mexico Court of Appeals.