Wrongly Convicted Database Record
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Charge: |
Rape |
Sentence: |
10 years probation |
Years Imprisoned: |
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Year Crime: |
2008 |
Year Convicted: |
2008 |
Year Cleared: |
2014 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
Monroe |
City of Crime: |
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Result: |
Judicially Exonerated |
Summary of Case: |
"Robert L. Worden was wrongly convicted on September 2, 2008 of the third-degree rape of his girlfriend. Worden's prosecution was based on his girlfriend giving a report that she didn't consent to sexual intercourse after she passed out out from taking medications. Worden insisted the sex was consensual, but he pled guilty in exchange for 10 years probation, which was less than the possible prison time he would have gotten if convicted after a trial. However, three weeks after Worden's plea his girlfriend recanted in an Affidavit in which she explained no rape occurred, but she had been pressured to falsely accuse Worden by friends and family members who didn't like him. Worden filed a motion to withdraw his guilty plea, which was denied by the trial judge. Robert Worden appealed, and on January 31, 2012 the New York State Supreme Court, Appellate Division, Fourth Judicial Department affirmed the judge's ruling that the alleged victim's recantation was "equivocal at best," and that he had failed to preserve his challenge to the sufficiency of the plea allocution. Worden appealed that ruling. Five years after he filed his motion, on November 21, 2013 New York's Court of Appeals vacated Worden's guilty plea and his conviction based thereupon, on the basis the plea colloquy conducted by the judge was fatally defective because Worden didn't admit the sex was non-consensual as required by the statute. Consequently, Worden's conviction was invalid because his guilty plea did not include an admission to committing a crime." |
Conviction Caused By: |
False allegation of rape by the alleged victim. |
Innocence Proved By: |
"On November 21, 2013 New York's Court of Appeals vacated Worden's guilty plea and his conviction based thereupon, on the basis the plea colloquy conducted by the judge was fatally defective because Worden didn't admit the sex was non-consensual as required by the statute." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
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Information Source 1: |
"The People v. Robert L. Worden, No. 203 (NY Ct. of Appeals, 11-21-2013)" |
Information Location 1: |
http://www.nycourts.gov/ctapps/Decisions/2013/Nov13/203mem13-Decision.pdf |
Information Source 2: |
"High Court Vacates Upstate Rape Conviction Because of Confusion Over What Defines "Lack of Consent", By Albert Samaha (staff), The Village Voice, December 2, 2013" |
Information Location 2: |
http://blogs.villagevoice.com/runninscared/2013/12/upstate_rape_conviction_vacated_lack_of_consent_definition_court_of_appeals.php |
Information Source 3: |
"People v. Worden, 2012 NY Slip Op 00615 (NY State Sup. Ct., Appellate Div., Fourth Jud. Dept., 1-31-2012) (Affirming trial judge's denial of motion to withdraw guilty plea.)" |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org