PAWTUCKET, R.I. (WPRI) — A Pawtucket man who’s served nearly two years of a life sentence will get a new trial.
The Rhode Island Supreme Court issued a ruling on Friday to vacate the conviction of 45-year-old Milton Aponte.
Aponte was found guilty in 2022 of first- and second-degree child molestation and simple assault, having been accused of sexually assaulting a young girl who was known to him.
In his appeal, Aponte argued that the trial judge’s decision to allow the alleged victim’s prior written statements to be admitted as evidence was unduly prejudicial and contributed to his conviction.
“If the jury had not known of these potentially corroborative statements, we cannot say beyond a reasonable doubt that the defendant would have been convicted,” Justice Lynch Prata wrote in Friday’s filing. “Consequently, we determine that the erroneous admission of these statements was not harmless and conclude that Aponte is entitled to a new trial.”
Aponte also took issue with the trial judge’s exclusion of “relevant video evidence” of the girl’s demeanor when she made a statement to police. However, the justices found no error in that decision.
It’s unclear at this time when the new trial will get underway.