The Costa Rican man appeared in court for a bail reconsideration hearing Friday
TRENTON - A 12-year-old girl who accused her mother's boyfriend of sexually assaulting her in a locked bedroom last spring has since recanted her story, the suspect's defense attorney says.
Attorney Jason Matey said Friday that the case against his client, 31-year-old Costa Rican native Pablo Beita, is "significantly weakened."
Matey spoke during Beita's bail reconsideration hearing Friday and called for Superior Court Judge Anthony Massi to reduce Beita's $300,000 bail, saying that both the alleged victim and her mother have recanted the claims they made against Beita months ago.
Massi agreed to reduce the bail to $250,000 after the hearing Friday.
Beita was arrested in April after the girl and her mother came forward about an incident that month.
The girl told police she was at home with Beita when he locked her in a bedroom and sexually assaulted her, Mercer County Assistant Prosecutor Jennifer Downing said Friday.
The girl's mother came home during the incident and banged on the door after hearing "rustling" sounds coming from the room. Her 12-year-old daughter opened the door "in distress," and told her mother what had happened, Downing said.
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Downing added that the girl said in April that Beita had tried to force her to perform oral sex on him in the past. Investigators were able to get DNA evidence implicating Beita in the crime, Downing said Friday.
But Matey argued that the charges against Beita are false. Beita merely got drunk and fell asleep in the locked room, Matey said Friday.
He argued that the recantations support Beita's claim.
Matey also argued that the girl has since said that Beita never assaulted her and that she only blamed him because, "she didn't like him."
The girl's mother also told Matey that her daughter has made similar, fake accusations before, he said Friday.
"She sort of attacks the credibility of the victim," Matey said of the mother's recantation.
Matey suggested the bail be reduced from $300,000 to $100,000, and said Beita is an undocumented immigrant from Costa Rica and that he's also being held on a U.S. Immigration and Customs Enforcement (ICE) detainer.
Despite the recantations, Massi said he was still concerned about the seriousness of the allegations. Beita is ordered to have no contact with the young alleged victim.
Anna Merriman may be reached at amerriman@njadvancemedia.com. Follow her on Twitter @anna_merriman