FARINACCI v. State

Defendant was charged with lewdly and lasciviously fondling the clothed buttocks of a child under 12. The event occurred in the aisle of a crowded supermarket in the afternoon. A video camera recorded the interior of the store. He admits he patted the child on the back but denies that he ever touched buttocks. The critical issue turns on evidence given by a police officer investigating the matter two days later.

The child was still under the age of 12 at trial. At first, he did not remember defendant touching him. He then testified defendant touched him by rubbing his hand down his back and…