(Citation and punctuation omitted.) Brown v. State, 209 Ga. App. 314, 316-317 (2) ( 433 SE2d 321) (1993). Because evidence that the victim molested Lester's son was known to Lester before trial, it does not satisfy the definition of newly discovered evidence.
(Citation and punctuation omitted.) Brown v. State, 209 Ga. App. 314, 316-317 (2) ( 433 SE2d 321) (1993). In this case there is no evidence that the recanting co-defendant has been convicted of perjury.
Plainly, the trial court did not abuse its discretion in refusing to grant the motion for new trial. Brown v. State, 209 Ga. App. 314, 316 (2) ( 433 S.E.2d 321) (1993). Judgment affirmed. Blackburn, P. J., and Barnes, J., concur.
(Citation and punctuation omitted.) Brown v. State, 209 Ga. App. 314, 316 ( 433 S.E.2d 321) (1993). Accordingly, the trial court did not err in denying the defendant's motion for a new trial on this ground.
Our review is circumscribed because "`motions for new trial upon the ground of newly discovered evidence are addressed to the sound discretion of the trial judge, and a refusal to grant the motion will not be reversed unless [that] discretion is abused.' [Cit.]" Brown v. State, 209 Ga. App. 314, 316 (2) ( 433 S.E.2d 321) (1993). We first note that the new evidence here is not so much newly discovered as newly available, an important distinction noted in Hester v. State, 219 Ga. App. 256 (1) ( 465 S.E.2d 288) (1995).
By our decision, we are rejecting the contention, made by appellant, that it cannot be a valid waiver unless the defendant knows the rules of evidence and is aware of the scientific ramifications and questionable reliability of such tests. See Brown v. State, 209 Ga. App. 314, 316 (1) ( 433 S.E.2d 321) (1993).
Setting aside the question of due diligence, this affidavit submitted by [Dixon] fails to meet the newly discovered evidence standard under well-settled Georgia law. "A post-trial declaration by a State witness that his former testimony was false is not cause for a new trial." Pryor v. State, 179 Ga. App. 293,294 (1986) (cit. omitted); Brown v. State, 209 Ga. App. 314, 316; Drake v. State, 248 Ga. 891, 894 (1982). Doc. 18-7 at 2-3.