A Juneau Superior Court judge on Thursday denied a defense motion to dismiss the charges against a defendant accused of assaulting his girlfriend, despite a recanting victim.
Judge Philip Pallenberg ruled that it will be up to the jury to decide what to make of the alleged victim’s split testimony.
The alleged victim testified on direct examination that Jesse H. Boone, 30, choked her on Dec. 5 and Dec. 10, 2012. But on cross-examination, she testified she made the Dec. 5 incident up.
“The jury has to sort that out,” Pallenberg said.