After about a half hour of both the defense and prosecution arguing on whether or not Melanie Curtin should get a new trial, Judge Brian Abels denied another chance.
This was Curtin’s second time requesting a new trial. The first time, Judge Abels denied it as well.
After new evidence turned up, Curtin’s lawyer John McLindon filed paperwork at the clerk’s office showing reason why Curtin should get another chance.
Majority of the filings are filed under seal, meaning they’re not available for the public to see. They’re only available for the judge, courts and defense and prosecution.
The details discussed in court involve the adult victim in the threesome with Dennis Perkins & Melanie Curtin. An affidavit surfaced from another state from 2006 showing the victim had had threesomes twice before and both were videoed.
McLindon said, “ I am convinced it would have been a different outcome had the jury seen this evidence.”
The Louisiana Attorney General’s prosecutor Barry Milligan argued back saying something that happened years prior to this case of rape has nothing to do with the current case. His example was if someone testified “no” to if they would ever drink and drive, just because they were convicted of a DWI 15 yrs prior doesn’t mean they’re lying on the stand.
Judge Abels agreed with the prosecution and denied the request for new trial. Judge Abels also said the affidavit does not impeach the victim’s testimony provided during trial.
Curtin was sentenced to life in March 2022. She was found guilty by a unanimous jury on Dec. 3, 2021 after a week-long trial of aggravated rape (formerly known as first degree rape) and video voyeurism.
The defense will now appeal.