How to Overturn a Life Sentence for Rape of a Minor That Never Happened

My question involves criminal law for the state of: Ohio

1996, a man was sentenced to serve life for charges of A1 Fel Sexual Penetration, Third Degree GSI, and A1 rape of a minor. The night of the incident, the man went to a close friend/colleague's home whom were friends for a good number of years, had a few drinks and past out as he always did in the same chair he always does. When he awoke this time, he was accused of sneaking upstairs and raping his friend's daughter. He was found in the same chair he always falls asleep in by police(and it's in the report), even though the family states they found him upstairs. Evidence proving his innocence, such as a negative rape kit & a doctor's testimony verifying the non-existing physical evidence of a rape were only two examples of key proof of the man's innocence. He was solely convicted on the victims word with a jury and a single hair labeled a pubic hair but actual testing of the fact of origin is undetermined. With every parole hearing, "new evidence" surfaces from the victims that negates the merited behavior experienced by the prison staff. He is a role model inmate and even marked as one of the lowest threat levels, a merited teacher and also helps other inmates with their own legal troubles at the prison. Innocence projects won't take the case.
There are parts in the story which I will now state that were never mentioned or examined about the victims father (the friend that convicted said prisoner). I was informed that the "friend" that accused him may actually be the one who had interactions with his own daughters, and the argument was never examined in court. The convict and his family remember this "friend" exhibiting disturbing behavior such as exposing his daughters to him by removing their clothing and other questionable actions. It's also been said that the grandmother would've spoke out against the entire matter but the victims family blackmailed her into silence over the risk of losing contact with her granddaughter whom was "victimized". There is also a photo of the convict asleep taken only a week or so prior to the incident in the same chair he always falls asleep in when he passes out drunk proving his behavior hadn't changed the night of the incident, but the victims father didn't release that. This man needs justice. I know the chances are slim given the circumstances of the case, but I still believe that truth and justice prevails. We live in the great and blessed nation with more resources and legal breakthroughs than any other country. I believe there's a way, but I'm not sure how. I have the address of the victims sister whom I've often thought of going to now, 16 years later, to see if she'll tell the truth, but I'm not sure that it'd help if I got a confession from her would it? I need answers to what I can do for this man. I am very desperate but low in finances to get a lawyer brave enough and willing to fight for him. I don't want him to die in injustice. How do I prove that he's innocent even though the odds are stacked so high? What can I do to get this case looked at by someone willing to look the whole thing over again? Would involving the media help at all or make things worse? Any help would be greatly appreciated.

Who are you to the man in question? I'm asking for a reason - it makes a difference what I suggest.

I am a friend of the family and soon to be daughter-in-law to the man in prison.

About the only thing you can do is discuss the situation with a lawyer who can review all the facts and determine what, if anything, can be done. Note that there is a limited window to appeal and that appeals can only be granted on mistakes in law, not on perceived injustices (and I am not saying your perception is wrong). The problem is the length of time that has gone by; however, I am aware of some cases that have been able to be re-examined on the basis of DNA evidence which we did not have the science to examine as thoroughly at the time as we do now.

THIS IS NOT A GUARANTEE. I am not going to make you any promises that anyone is going to be able to do anything at all. The DNA cases that my former co-workers reviewed and testified to happened not that long after 1996 so there may not be anything of that sort; if there were, his own lawyer would surely have known to deal with it at the time. But the ONLY option you have is to put it in the hands of a seasoned appeal lawyer and hope for the best.

Could anything else be done by a blood family member like a son? His son and I have been trying to work with all fervency and diligence to find some solutions to what we can do. Is there a certain way to approach a seasoned appeal lawyer to ask them to do a pro-bono case? We are both poor college students and have no real large amount of money to spend on this most precious cause. The family has exhausted all funds from the battle from the conviction. We aren't going to give up or settle for "no" but we are very restrained with what we can financially do. Nevertheless, we are fighting with what we have if it only be with information and pens.

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Quoting rightawrong

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Evidence proving his innocence, such as a negative rape kit & a doctor's testimony verifying the non-existing physical evidence of a rape were only two examples of key proof of the man's innocence. He was solely convicted on the victims word with a jury and a single hair labeled a pubic hair but actual testing of the fact of origin is undetermined.

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Let's not forget the testimony by family members that they caught him in the child's room and his subsequent denials.

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Quoting rightawrong

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With every parole hearing, "new evidence" surfaces from the victims that negates the merited behavior experienced by the prison staff.

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How did we get from "his friend's daughter" (singular) to "victims" (plural)?

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Quoting rightawrong

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He is a role model inmate and even marked as one of the lowest threat levels, a merited teacher and also helps other inmates with their own legal troubles at the prison.

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Many sex offenders are low-risk, model inmates, so that's not evidence of anything.

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Quoting rightawrong

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I was informed that the "friend" that accused him may actually be the one who had interactions with his own daughters, and the argument was never examined in court.

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So now we're going from "no evidence that anything happened" to "somebody whispered in my ear that the girls were in fact raped, but by their father"? Here's the thing: If you think you have enough evidence to go after the father, you are implicitly acknowledging that there's even more evidence against the defendant.

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Quoting rightawrong

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The convict and his family remember this "friend" exhibiting disturbing behavior such as exposing his daughters to him by removing their clothing and other questionable actions.

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So you're arguing that this father would assemble an audience before committing acts of molestation? Toxic rumors aren't a substitute for evidence.

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Quoting rightawrong

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There is also a photo of the convict asleep taken only a week or so prior to the incident in the same chair he always falls asleep in when he passes out drunk proving his behavior hadn't changed the night of the incident....

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Judging from the sentence you describe, odds are the prosecutor could as easily argue that "his behavior hadn't changed the night of the incident" because he may have woken up on that night as well to sneak into one of the children's rooms.

But really, a picture of somebody sleeping in a chair proves nothing other than that he once appeared to be asleep in the chair.

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Quoting rightawrong

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I have the address of the victims sister whom I've often thought of going to now, 16 years later, to see if she'll tell the truth, but I'm not sure that it'd help if I got a confession from her would it?

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First and foremost, you need to deal with the fact that the system may have worked in this case. You have no idea how many cases criminal defense lawyers encounter over the years that follow the general pattern of, "My fiancé is in prison unjustly for a crime he was convicted of committing a decade or more ago, and if you just look at the evidence...."

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Quoting rightawrong

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I am very desperate but low in finances to get a lawyer brave enough and willing to fight for him.

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Bravery has nothing to do with it. He went to trial, was convicted by a jury, appealed and lost. Slandering the victim's family won't get him out of prison. A picture of him sleeping in a chair has no bearing whatsoever on his conviction. There's no DNA (which is why an Innocence Project won't touch it). There does not appear to be any new evidence. There's no indication of police, prosecutorial or judicial misconduct. What's a lawyer supposed to work with? Let's say somebody "look[ed] the whole thing over again" - what would they find that wasn't there sixteen years ago, let alone that might convince a court to revisit the case?

Mr Knowitall,

Why does it seem that you're more biased that the case I have is invalid to stand any other way than the way it was processed? I understand looking at all angles of a case even though it opposes what I believe. I'm not some typical hair-brained collegiate who's just going to think that because he's my fiancees father he's incapable of committing this crime. I am not the typical biased beat my chest to prove a point who doesn't know how to look at all the facts. I have considered the fact that maybe he did and I've looked at it through the eyes of the process that stands. However, there are some things I just can't ignore no matter what angle I look at it from. I'm simply a voice looking for an ear, the right ears to hear me out and give solid advice to help me further my cause. I have not slandered the victim's family in any way shape of form. I am stating the things I've heard from people who know the family personally and have had contact before, during and after this conviction.
The family testifying that they found him in her bedroom is ridiculous unless they carried his body all the way back down the stairs to the chair and left him there until the police came for whatever reason....Why would the police note in the report that they found him downstairs in a chair if he was indeed upstairs in the child's bedroom? Wouldn't that be considered tampering with evidence? Wouldn't that also further prove the point of his guilt to find him upstairs? Of course. If he also had indeed entered the child's room during the night and committed the crime, why would he go back down stairs and continue to sleep in the chair? Any sensible person would flee. Also, I don't see too many drunks taking the precautions to not leave any evidence behind beside one single hair of indeterminable nature. And also, I don't know of any drunks who can manage to climb a flight of stairs drunk and not be heard whether ascending or descending those steps. There is also behavioral pattern to consider even for his intoxicated state.
I understand there are many cases in which inmates cry I was framed! or it wasn't me I swear! it's the oldest line in the book when it comes to criminals and the law and I understand the scrutiny of the examination of such characters who claim innocence. I have an idea of how many cries for innocence are yelled from jailhouses across the world. It's been a topic widely exploited by news media, Hollywood and literacy for decades. I'd expect there to be a close eye when it comes to this call for help.
To clarify in my topic, I should've been precise when I posted that "nothing ever happened" and instead put "nothing ever happened with the one convicted at the time". There was only one victim. The eldest daughter. That was my fault to type. I get the point you make with the photo. Makes sense, people fake photographs all the time. I also get that many sex offender inmates are low-risk, model inmates. I can throw that out the window. I can't ignore however that the fact of no DNA should be a double-edged sword. No semen. No broken hymen. No sign of force on her body. No skin from under her nails from the attacker. No sign of struggle. No indications that there was a rape from the convicted at all. Evidence like that doesn't lie. There's no way you can non-surgically fix a broken hymen on an 11 year old. There was only one single hair found that was never tested to see where it came from on his body, all that was known is that it was his hair and then they labeled 'pubic', there is no evidence of testing that it indeed came from that area of the body.
There's also the fact that when parole comes up every other year for this man, that the family seems to come up with "new leads" on the case, and twist the evidence that's already been presented. I can get examples of this when I return to my files to have material to present.


In a world full of liars, the truth is hard to come by. I'm willing to play ball on this and learn from a tough critic. I'd expect there to be some. I'm not here to be an emotional sob story, I'm here to learn, no matter how tough the teachers may be so I can further my knowledge to represent my cause. If I have to present it to a seasoned appeal lawyer as stated by cbg, it's a chance I'm willing to take. If he won't settle pro-bono then I'll find the funds somewhere, even if it's my last dollar.

Biology reality check:

It is possible for the hymen to remain intact after penetration has occurred.

No semen = condom

No sign of force = she was too terrified to even move.

No skin under nails, no sign of struggle = same as above.

See how that can work?

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Quoting rightawrong

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Why does it seem that you're more biased that the case I have is invalid to stand any other way than the way it was processed?

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Biased? Hardly. I'm simply examining the facts as you've described them.

You might be happier if I blew smoke up your posterior, sure, but that's not the way I roll. The facts you've shared will do nothing to upset the sixteen-year-old conviction. I'm interested in the facts you haven't shared, but it's up to you whether you want to share them.

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Quoting rightawrong

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The family testifying that they found him in her bedroom is ridiculous unless they carried his body all the way back down the stairs to the chair and left him there until the police came for whatever reason...

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You didn't mention that he had two broken legs. :rolleyes:

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Quoting rightawrong

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Why would the police note in the report that they found him downstairs in a chair if he was indeed upstairs in the child's bedroom?

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Perhaps he realized that he didn't want to go to prison and used those things... legs, they're called, to carry himself back downstairs.

Why do you imagine that the entire family would conspire to make up this case, and bring in the police, if their big goal was to cover up the molestation of the child? Get real.

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Quoting rightawrong

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Any sensible person would flee.

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No, a sensible person would realize how running away would look when the police arrived.

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Quoting rightawrong

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Also, I don't see too many drunks taking the precautions to not leave any evidence behind beside one single hair of indeterminable nature.

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His BAC was measured at what? Because if his plan was to pretend to be drunk and molest a child....

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Quoting rightawrong

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There's also the fact that when parole comes up every other year for this man, that the family seems to come up with "new leads" on the case, and twist the evidence that's already been presented.

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Why would they offer "new leads" - the guy is convicted and in prison, and they appear quite content with that outcome. You are the one looking for new leads.

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Quoting rightawrong

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If I have to present it to a seasoned appeal lawyer as stated by cbg, it's a chance I'm willing to take. If he won't settle pro-bono then I'll find the funds somewhere, even if it's my last dollar.

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Again, so far you've shared nothing that would provide a basis for relief. Unless you have some big secrets hidden up your sleeve, it will be a much better use of money to periodically add some funds to the defendant's commissary account.

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Quoting Dogmatique

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It is possible for the hymen to remain intact after penetration has occurred.

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Statutes typically provide, "Any penetration, no matter how slight....."

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Quoting Dogmatique

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No semen = condom

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Or "no ejaculation".

But you're mostly reminding me of what I found most problematic with the original post - the "blame the other guy" stuff in relation to the victim's father. If there's no evidence of sexual abuse, then there's no evidence of sexual abuse. If there is evidence of sexual abuse sufficient to say "It was the child's father", there's more than enough to say that it was the defendant.

Let me explain in a little more detail where I'm coming from here.

For a couple of years, I worked as the HR director for a small start up biotech firm that was working on the human genome project. The firm is no longer in existance, having lost its funding about ten years ago. But some of my co-workers, prior to the lab opening, had worked for various city and state CSI labs. I know of at least two instances where one or more of them were involved when newly developed DNA testing, that had not been available at the time of the original trail, provided sufficient NEW evidence that a new trial was ordered. I also went to college with a young man who later became an appeals attorney, and who was involved in a rather well publicized case when new DNA evidence was found.

However, if there is no DNA then there cannot be new DNA testing or new DNA evidence. You can't test DNA that does not exist. Lack of DNA is not proof of innocence. I am neither an attorney nor a law enforcement officer but I know of NO instances where a new trial can legally be ordered for anything short of a mistake in law (and there are statutes of limitations for appeals based on mistakes in law) or new evidence that was not available at the time of the original trial.

Additionally, I worked for this lab in 2000 through 2002, and I was not one of the original employees. I was not hired until the company had been around long enough to hire enough employees to NEED an HR director. The "new" DNA testing that was done in the cases I refer to WAS ALREADY AVAILABLE in or very shortly after 1996.

For your own peace of mind, please talk to an appeals attorney. If there is anything that CAN be done, he will be able to tell you. But sooner or later you may need to come to grips with the idea that everything that can be done already has been done.

Rightawrong, please don't take offense to this. I'm trying to help you with your frustration.

More and more I'm seeing people believe that there has to be scientific evidence to convict someone. Nothing could be further from the truth. I don't know if it's because people now watch shows such as CSI or what, but I'm seeing it.

The simple truth is that there doesn't have to be any scientific evidence such as hairs, DNA, signs of struggle, semen, and so on to get a valid conviction.

A person can be rightly convicted on testimony of a witness or two, or even just upon belief of a jury. If a jury believes "beyond a reasonable doubt" that someone is guilty, he is found guilty. It simply comes down to what a jury believes after seeing and hearing what evidence is presented. Testimony alone is powerful evidence.

Your person was before a jury which believed he was guilty. An appellate court reviewed the case and found no wrongdoing on the part of the court. He is therefore convicted and serving time.

Unless you find brand new and conclusive evidence which wasn't available at the time of the trial such as DNA, you aren't going to get this case overturned.

You asked why Mr. Knowitall is biased. He isn't. He's trying to explain some things about the law to you. You wrote a sentence which repeatedly had "no" in bold, but it was about scientific evidence which wasn't required.

The role of a jury is to weigh the evidence including the circumstances and the testimony, consider that evidence which is before it, and take a vote. In this case I believe it took 100% of 12 people to agree that the evidence as presented proved guilty. Again, the appellate court found no errors by the court.

As someone said, you would do best by sending money for his commissary account, visiting him if possible, and make the best you can out of the clear fact that he's doing his time.

I feel for you. I feel your hurt. I wish we had a magic wand but you are being told the truth. Your peace, if you can find any, will come from accepting the way things are and perhaps offering personal support in the form of staying in contact and providing some commissary money.

The best to you and your family.