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Wrongly Convicted Database Record
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Charge: |
Rape and Kidnapping (abduction) |
Sentence: |
15 years to life imprisonment |
Years Imprisoned: |
17.5 |
Year Crime: |
1990 |
Year Convicted: |
1991 |
Year Cleared: |
2008 |
U.S. State or Country of Crime: |
Ohio |
County or Region of Crime: |
Franklin |
City of Crime: |
Columbus |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Robert McClendon was wrongly convicted in April 1991 of the April 1990 kidnapping and rape of a 10-year-old girl. McClendon was sentenced to 15 years to life in prison. In July 2008 DNA testing of semen on the girl's underwear preserved in the rape kit excluded McClendon as her attacker. McClendon was freed on August 12, 2008 on bail pending a hearing to dismiss the charges. McClendon was wrongly imprisoned for more than 18 years. McClendon's complaint on February 9, 2009 for compensation was settled in the Ohio Court of Claims for $1,088,396 on May 17, 2010. $1,051,396 was paid to McClendon -- $751,396 paid to a money market account and $300,000 paid for the purchase of an annuity contract. $37,000 was paid to attorney Michele L. Berry." |
Conviction Caused By: |
Erroneous eyewitness identification by the victim. |
Innocence Proved By: |
DNA tests unavailable at the time of his conviction. |
Defendant Aided By: |
Ohio Innocence Project |
Compensation Awarded: |
"$1,088,396 (State of Ohio, 5-17-2010) ($1,051,396 was paid to McClendon and $37,000 to his attorney)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
34 |
Age When Released: |
51 |
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"Hello, Truth', By Shari Lewis, Columbus Dispatch, July 23, 2008" |
Information Location 1: |
http://columbusdispatch.com/live/content/local_news/stories/2008/07/23/DNAtest.ART_ART_07-23-08_A1_HCAQP34.html?sid=101 |
Information Source 2: |
"McClendon case timeline, The Columbus Dispatch, August 11, 2008" |
Information Location 2: |
http://www.columbusdispatch.com/live/content/local_news/stories/2008/08/11/dnatimeline.html?sid=101 |
Information Source 3: |
"Inmate freed by dna test could collect $1 million, By Randy Ludlow, Columbus Dispatch, August 12, 2008" |
Information Location 3: |
http://www.dispatch.com/live/content/local_news/stories/2008/08/12/wrongful.ART_ART_08-12-08_A1_I7B0ICN.html?sid=101 |
Information Source 4: |
"Robert McClendon v. State Of Ohio, No. 2009-02073 WI (Ohio Ct. of Claims, 2-9-2009) (Complaint)" |
Information Location 4: |
http://cases.ohiocourtofclaims.gov/cgi-bin/wspd_cgi.sh/streamfile.p?Serial=090209001150775&Seq=1 |
Information Source 5: |
"Robert McClendon v. State Of Ohio, No. 2009-02073 WI (Ohio Ct. of Claims, 5-17-2010) (Journal Entry Approving Settlement)" |
Information Location 5: |
http://cases.ohiocourtofclaims.gov/cgi-bin/wspd_cgi.sh/streamfile.p?Serial=100517001202319&Seq=1 |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org