First Name | Robert |
Last Name | McClendon |
Year of Conviction | 1991 |
Year of Exoneration | 2008 |
State of Conviction | Ohio |
Trial, Bench Trial, or Guilty Plea | Bench Trial |
Type of Crime | Rape |
Death Sentence | No |
Life / LWOP sentence | Life |
Gender of Exoneree | Male |
Race of exoneree | Black |
Juvenile | No |
Type of Innocence Defense |
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Description / Quotes from Testimony Concerning Defense | ● Phone records show that defendant received a call at 4:59 pm when the crime was occurring. Victim did not testify to hearing a call or a beeper page during the attak. |
Did the defendant testify at trial? | Yes |
Quotes from Exoneree Testimony | “Q: Did you ever, either on the 19th or the 25th, remove [the victim] from her back yard? A: Of course not. Q: Have you ever seen that young lady in her back yard? A: Never. I never been to the house. Q: Did you ever have any contact with that young lady — A: Never. Q: — as she described, ever? A: Never.” |
Types of evidence at trial |
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Identity of eyewitness |
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Lineup Procedures |
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Suggestive Procedures | Yes ● Victim not told attacker might not be in line-up But – acquainted with defendant (father) |
Quotes from testimony #1 | Officer asked victim, “if the man who was responsible, who did what he did, was in the photograph.” |
Unreliable Identification? | Yes ● Could not see attacker’s face – blindfolded during attack |
Quotes from testimony #2 | At hospital victim gave statement that “I think it was my dad but I may be wrong because my eyes were covered a lot… I don’t want my dad to go to jail if he really didn’t do it,” but recanted that statement at trial, testifying “I never made the statement.” |
Highest level reached | Appeal |
Claims Raised During All Appeals and Postconviction |
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Harmless Error Rulings |
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Citations to judicial opinions | State v. McClendon, 1992 WL 125274 (Ohio App. 10 Dist. 1992) |