Back in September, Father Joseph Maurizio was found guilty on five of eight counts, which included sexual misconduct with minors while on a trip in Honduras.

His sentencing was scheduled for Tuesday, but instead a hearing was held because the defense wants the judge to grant Maurizio a new trial.

Inside the courtroom, the defense for Maurizio said the entire trial was based on credibility.  The defense claims a victim’s statement was withheld from them because it would have benefited their argument.

During an interview alleged victims were asked, “Do you relate to people differently since the crime?”.  The defense says one of the victims answered, “Yes, sometimes they may think badly about me, maybe they think he really abused me, but that is not the case.”

The new evidence provided hope for family, friends, and former parishioners of the Central City priest, like Ed Dallape, “I think the government was weak on their presentation.”

According to the prosecution, this statement was taken September 20 by the person conducting the interview.
The prosecution themselves did not see it until September 21 or 22 when the jury was deliberating because it had to be translated from Spanish to English. 

They say they did not bring it up because they clarified with the victim, what he meant by abuse.  They say the victim believed because he was sexually abused in a different manner from the others, that it was not considered abuse.

The defense argued that withholding the statement violates the rule that if you have evidence that favors the defendant, you are required to turn it over no matter the interpretation.

“There’s no question I want him to be acquitted, says Dallape.  “I think he will be, personally.  The judge seems to be leaning in that direction based on the questions that he asked the prosecution so I think we might have a this turned around.”

The judge told the court in his opinion the statement was favorable to the defense, but he did not make a decision if a new trial will be held, as the new evidence must meet a number of criteria.