Testimony Weight

In OCCA case No. F-2004-1147, James Earl Ware appealed his conviction for first-degree rape and lewd molestation. In an unpublished decision, the court decided to affirm the conviction for first-degree rape but reverse the conviction for lewd molestation with instructions to dismiss that charge. One judge dissented. The case involved accusations made by a girl named D.P. who testified that Ware had molested and raped her when she was 12 years old. During the trial, D.P. shared experiences of how Ware touched her inappropriately multiple times, with one incident where he penetrated her. Her brother also testified that he saw Ware kissing D.P. Ware denied the allegations and claimed that D.P. and her brother were lying about him. He argued that the evidence presented was not strong enough to prove he was guilty. However, the trial judge found D.P.'s testimony credible and believed Ware did commit the acts he was accused of, despite saying that she initially had doubts. The court noted that Ware could not challenge the evidence because he presented his defense after listening to the prosecution's case. It was decided that, while the evidence was strong enough to uphold the first-degree rape conviction, the lewd molestation charge did not have enough proof to support a guilty verdict. Therefore, the conviction for lewd molestation was dismissed, while the conviction for first-degree rape was confirmed.