Gatling v. Commonwealth
In Gatling v. Commonwealth, 14 Va. App. 60, 414 S.E.2d 862 (1992), the only evidence incriminating the defendant came from the seventeen-year-old victim of a gang rape in her dorm room.
The defendant, whose defense was consent, proffered that the victim told a close friend that she could not recall what the defendant had to do with the rape.
The defendant's counsel had twice attempted to interview the friend before trial, but the friend refused to talk with the attorney.