DNA Clears Ohio Man Of Rape After 18 Years

Newspaper Investigation Leads Lab To Review DNA From 30 Prisoners Across The State Who Claim Innocence

(AP)  A judge on Monday released a man who spent nearly 18 years in prison on a charge he raped a 10-year-old girl after a lab re-examining cases across Ohio showed that his DNA profile doesn't match evidence from the crime scene.

Robert McClendon, 52, was the first inmate to be tested in the review.

He was transported Monday from the Chillicothe Correctional Institution to a courtroom where he met with lawyers from the Ohio Innocence Project, a nonprofit legal clinic based at the University of Cincinnati.

Franklin County Common Pleas Judge Charles Schneider, citing the DNA test, granted McClendon's release from custody.

"You know, you go through times where you feel it might not happen, but you never, ever give up hope," McClendon said after his release. "You don't ever use the word, 'never happen.' It's not healthy."

Jennifer Bergeron, a lawyer with the Innocence Project, said she expects prosecutors to formally drop charges against McClendon within the next two weeks.

Franklin County Prosecutor Ron O'Brien, who must decide whether to seek a new trial, said he hasn't been able to discuss the new developments with the victim or her family. Continuing to prosecute the case seemed unlikely, he said.

"I do not think it's heading to a new trial," O'Brien said.

McClendon was reserved in court.

"To be in prison for 18 years for something you didn't do and then know you are going to walk out of court a free man, that's a lot to take in in one day," Bergeron said.

McClendon planned to go to the home of a relative in Columbus on Monday to celebrate his release at a dinner with about 50 supporters, friends and relatives, said Mark Godsey, faculty director of the Innocence Project.

Longer term, McClendon said he wants to get a good job, maybe start a business and, if he's needed, speak publicly on DNA testing.

"This is not just about me," he said. "I believe that there are others in prison like me, and then there are others in prison who are guilty. You've got to give it a chance to work."

McClendon, who denied raping the girl, was convicted in 1991 and sentenced to 15 years to life in prison. He was denied parole in 2007.

DNA Diagnostics Center, a lab north of Cincinnati, agreed to conduct tests on McClendon and other inmates for free as a public service after The Columbus Dispatch published a series in January featuring 30 inmates whose applications for new DNA testing had been stalled.

The newspaper's investigation also found flaws in the state's DNA testing system — police and courts routinely discard evidence after trials, and prosecutors and judges often dismiss inmate applications for DNA testing without a stated reason.

In McClendon's case, authorities had long since lost or thrown away swabs from the victim's medical exam — typically the best evidence for testing rape cases — but agreed to provide the lab with the girl's underwear.

Using new technology that was unavailable at the time of the crime, the lab found faint traces of semen that didn't match McClendon's DNA profile, the Innocence Project announced last month.

Prosecutors said McClendon took a 10-year-old relative from her backyard, blindfolded her, drove her to a house and raped her. The victim reported the rape the next day and was taken to a hospital.

McClendon was convicted largely on the victim's testimony, Bergeron said. There was no physical evidence to tie him to the crime, she said.

McClendon had a prior record. He was convicted in the 1970s of attempted corruption of a minor for having sex with a 15-year-old girl when he was 19.

[deacon20081]

I wish the gentleman a good life. I hope he can sue the State for 18 years he lost.

[jtdev1]

this is why I don''t belive in the death penalty...

Out system of "Justice" is full of flaws - in fact, it''s not a system of justice, it''a a system of legality...

why don''t most prosecutors and judges want to test DNA? they afraid of the truth?

makes you wonder how many others are serving time for something they didn''t do, or worse, have already been put to death...

[lemonskink]

How many death sentences might have killed innocent people?

Moan for Man.

www.ronnierayjenkins.com

Where the Bush/Cheney Regime is despised.

[downtowner97]

Watch "The Trials of Daryl Hunt". I saw it at a film festival. It was an amazing movie about how cops locked up a man for murder just to calm down the public.

[libsluv2spit]

I beg to differ..with new technology..we should me more confident that we are PROSECUTING the right person.
now if we can only get rid of that exemptions forwarded to people based on popularity and skin color

[libsluv2spit]

Watch "The Trials of Daryl Hunt". I saw it at a film festival. It was an amazing movie about how cops locked up a man for murder just to calm down the public.

Posted by downtowner97 at 01:39 AM : Aug 12, 2008
+ report abuse

******

a movie?! no wonder liberal hollywood is a liberal political powerhouse

[skyk-2009]

As long as we have a politically driven Justice System where convictions are more important than truth, we are not going to be living up to the responsibilities under our constitution. I does give one hope though to see the nation turning away from fascism and the Radical Right. That will result in a more fair and balanced system of justice, always has.

[ofbyfor1]

makes you wonder how many others are serving time for something they didn''''t do, or worse, have already been put to death...

Posted by jtdev1 at 11:38 PM : Aug 11, 2008

Not to mention the fact that the REAL perp is probably still free, most likely committing more crimes.

[jetlizhan]

so glad he''ll get his freedom, even though the system took away 18 years of his life. the best of luck to him.

[louklou51]

Yet more proof DNA testing works, it''s about as foolproof as anything can be, may Mr.McClendon have a long and fulfulling remainding life on this earth.

[tomanyt]

GOP_forever...Why don''t you slip into a nice comfortable tight dress.

[leah1194]

I hope the man gets a good attorney and sues for top dollar for taking 18 years of his life away. Those 18 years cost him his ability to raise a family of his own. I also think an internal investigation should begin on discarding the evidence and not approving inmate requests for DNA matches! Unless the prosecutors KNOW they are innocent and locked up for wrong reasons -why would they deny DNA testing? Furthermore, I believe a bill should be passed to further make evidence discards illegal. Good luck to this man others like him. May the Lord they God walk beside you, protect you and comfort you.

[hidegirlgcks]

18 years is a very long time when you are sitting in prison!! The state should have to pay him at least 40 thousand dollars for each year he was there, and then that still wont give him back the 18 years he lost.

[godseyesore-2009]

NEW trial? Are prosecutors total idiots?
If they did their job correctly first time, maybe the true perp would be in jail. American justice...HAHAHAHA

[noel_wang]

GOP_forever, please do not breed. You are just too stupid. Where did you find the statistics on "tight dresses"? Sometimes I can''t believe there are people as idiotic as you in the world. I think maybe the police should look into unsolved rapes in your neighborhood and see if any are connected to you. You obviously don''t hold men responsible for this horrendous crime. Why is that? Because you are one?

[kaffirboetie]

GOP_forever, why don''t you go back where you came from and take up a job as the imam at the local mosque, because we sure as hell are not interested in your idiotic comments

[kaffirboetie]

My mistake GOP_forever, you obviously can''t become the local imam can you? but I guess you could apply to become his 4th wife

[barbaraf4]

"Most rapes are caused by young women wearing tight clothing." Posted by GOP_forever
~~~~~~~~~~~~
In your dreams. This is like saying anyone wearing a business suit or driving a luxury car is just asking to be robbed.

[nolalou]

The is one more reason why I agree with the supreme court decision forbidding the death penalty for rape of a child! Unfortunately our system is NOT perfect, and the chance of executing even on innocent person is to high a price to pay.

[shazam113]

Horrible injustice commited against this innocent man,and many many others just like him rotting in american jails....you call youself a civilized society or is it a society of goons sicko''s who are suppose to carry out justice in good faith,but always ending up putting innocent people behind bars....

[flreason]

GOP_forever:

What is the source of your "known fact" information? It is absurd, and anyone with a grain of intelligence knows it is false.

Rape is not primarily a sexual act...it is an act of violence against someone weaker as a way to feel powerful. Rape happens even in societies where women are covered head to foot in concealing garments...it''s just not acknowledged and publicized the way it is in the U.S. In some Muslim countries, the victim is stoned to death.

Your attitude that the victim brought it upon herself is unfortunately common. Many rapes are not reported because women know that both the police and the defense lawyers will use every error in judgment a woman ever made as evidence that she is a liar, she is trying to get revenge against a particular male, or she is trying to extort money. Many are victimized twice: first by the perpetrator, then by the "justice" system.

Current estimates suggest that in America one woman in six will be a victim of rape in her lifetime. Based on conversations with women of all ages, that the estimate is extremely conservative.

My advice to women: limit your alcohol, don''t accept drinks from anyone other than a waitress or bartender, and carry mace at all times. You can''t count on men to protect you.

[flreason]

GOP_forever:

Apparently you have also forgotten that the victim in this case was 10 years old. Do you really think she was dressed "provocatively"? What about the young boys that have been raped? Do you think they were chosen as victims because of their clothing?

Your pious moralizing, and your public displays of ignorance and intolerance, should cause any sane Republican to want to distance themselves from you and your opinions.

[checkthepast]

The big question to me is.. when our justice system serves someone such injustice why is there no liability or compensation for taking his life away from him other than a "Golly gee-whiz... were sorry" ?

[parrots11]

Watch "The Trials of Daryl Hunt". I saw it at a film festival. It was an amazing movie about how cops locked up a man for murder just to calm down the public.

Posted by downtowner97 at 01:39 AM : Aug 12, 2008
+ report abuse

******

a movie?! no wonder liberal hollywood is a liberal political powerhouse
Posted by libsluv2spit at 02:28 AM : Aug 12, 2008

You obviously have no idea and are too stupid to try and inquire before spewing your BS.

[theusa1st]

from the article: McClendon had a prior record. He was convicted in the 1970s of attempted corruption of a minor for having *** with a 15-year-old girl when he was 19.

The guy isn''t as innocent as most of the post here say. Try reading the hole article and not leaving out the parts you don''t like. I wonder how many girls didn''t get raped or assaulted because this loser was in jail...

[jwrhea]

The girl may not have seen who raped her due to the blindfold. But i am sure she was well aware of who put the blindfold on her.

[gop_forever]

lilturkey, I am trying to home school my children and can only comment rarely but go ahead and cast stones at me if you wish. I didnt see in the terms of service where my post removed if I did not respond to every single one of them.

[lochlan-2009]

"police and courts routinely discard evidence after trials, and prosecutors and judges often dismiss inmate applications for DNA testing without a stated reason."


So, the system is flawed to the point of being a corrupt system. I guess after Mukasey today, NO American should be surprised. Let''s pull up the murdered death row inmates and start testing their DNA. Of course, in a it''s no ones fault if the government does it system, there will be no charges fo murder or false witness.

[dan9111]

One more reason to abolish the employment of these bloodthirsty cops. When they lift a finger to stop bullying and mutilation of children which is proven beyond doubt, then we can pay them to do something besides accuse the wrong people.

The hatred and denial on the part of violence-fetishists is strong. This case is no different than kidnap and assault over an 18 year timespan no matter what your opinion is of the victim.

[gop_forever]

lilturkey, I am sure the other posters are relieved to know that my holy words of wisdom and guidence will still be here.

[rosieod4prez]

I have no problem in having DNS tests for all prisoners, if there is a compelling reason. But if some lifer, convicted of multiple murders is looking for a loop-hole gets proof positive that he/she was the perpetrator - maybe the execution date should be moved up too.

I''m certain that innocent people are in jail, but I suspect it is far less than the press would want to sensationalize. Shocking stories sell papers, not statistics which show 98% are where they belong.

[deborahcox05]

Another example of how law enforcement does not care if they get the right person; just so long as someone is convicted. Do you know what they have to have for probable cause in this country? NOTHING! Just someone saying that they saw you do it. And a jury thinks, "well, the police wouldn''t have arrested you, if they didn''t have anything." That''s the problem with our system. The police don''t have to have ANYTHING and the jury thinks they did. The justice system in this country is nothing but propaganda! I''m glad this guy finally had the TRUTH come out.

[beader59]

In this case, the man should be paid a salary for all of the years he spent in jail. Then of course he should get extra for pain and suffering or whatever they come up with. But we do have to remember that he was found guilty by the jury whom hopefully based thier decision on the evidence. I don''t believe anyone should be convicted on eye witness testimony only, this has proven to be unreliable. This be used in connection with other evidence, especially DNA. For those cases where people were found guilty solely based on eye witnesses, I think the government should pick up the tab for DNA tests. His previous record should have held no water since the age differences were not a factor. Good luck to him.

[haoli25]

Soooo, if he didn''t do it, who did?

When DNA evidence is available after any crime, DNA testing should be mandatory. It is not mandatory now becomes sometimes the defense does not want it done, sometimes its the prosecution that does not want it done.
I could care less about them, but for the sake of the guilty, the innocent, the victims, and the jurors, DNA testing should be mandatory.

[bobnjersey]

[GOP_forever: Your pious moralizing, and your public displays of ignorance and intolerance, should cause any sane Republican to want to distance themselves from you and your opinions.]
[Posted by flreason at 11:08 AM : Aug 12, 2008]

the piety, ignorance, and intolerance ... at least as an archetype ... is what the posts are all about ... meant to represent the world view of a ''right thinker'' ... with tongue firmly in cheek.

[credibility2]

This is due to DNA testing being refined and made better and more accurate due to technological advancements in the science. The results from eighteen years ago were the best available given what the technology and science was. To suggest that all DNA testing done years ago was flawed is also a stretch.

[oldpoet-2009]

Posted by RosieOD4Prez: "I''''m certain that innocent people are in jail, but I suspect it is far less than the press would want to sensationalize. Shocking stories sell papers, not statistics which show 98% are where they belong."

98%??? What about the 2% of innocent people??? Do you even realize how many of the US population are incarcerated? According to the government there are almost 2.5 MILLION persons in jail. According to your %u2018guess%u2019 there might ONLY be 250,000 innocent people serving time. MY GOD, 250,000 being punished for a crime they DID NOT COMMIT!!!

Here%u2019s a few REAL statistics for you:

218 convicted persons have been exonerated by post-conviction DNA testing (the first was in 1989) in the US.

16 of those 218 persons were on DEATH ROW.

154 have been exonerated since 2000.

In more than 25 percent of cases in a National Institute of Justice study, suspects were excluded once DNA testing was conducted during the criminal investigation (the study, conducted in 1995, included 10,060 cases where testing was performed by FBI labs).

Look at www.innocenceproject.org to find out how FEW states have any checks and balances when it comes to safe guarding REAL justice.

EVERYONE and I mean EVERYONE in prison whose case did NOT involve DNA testing should have the opportunity to apply and receive testing.

[erasmus81]

When DNA evidence is available after any crime, DNA testing should be mandatory. It is not mandatory now becomes sometimes the defense does not want it done, sometimes its the prosecution that does not want it done.
I could care less about them, but for the sake of the guilty, the innocent, the victims, and the jurors, DNA testing should be mandatory. Posted by haoli25 at 04:04 PM : Aug 12, 2008

I watched a program on this once. They were saying that there are so many cases that aren''t solved (especially rape cases), because they just don''t have the money to use the equipment that is needed to do it.

[jmurrieta1]

Kind of reminds of that woman who strangled herself with her handcuffs in the Phoenix airport, according to cops.

Murder by cop. Crooked cop. Destroyers of evidence and suborners of witnesses.

Maybe crooked cops deserve the death penalty. Make depriving a person of civil rights under color of authority a capital offense.

[babooph]

We pay a fortune to lock up many innocent,or grug addicts while the bunch in the White House will never even be tried!What a mess.

[ktgilb1]

now if we can only get rid of that exemptions forwarded to people based on popularity and skin color

Posted by libsluv2spit at 02:26 AM : Aug 12, 2008


What Did you mean by that?????

[goffredo29]

The people who really have to look at themselves in the mirror are those folks who denied him parole in 2007. They've got to feel really stupid. If they don't, they should.

[sero5]

The article says that evidence gets hidden, thrown away, or manufactured by police, forensic scientists, and prosecutors. The public has a right to know what kind of punishment these people get for doing such things. We must strive to be better to ensure that no innocent person sees a prison cell.