Convicting the Innocent
DNA Exonerations Database

Robert McClendon

First Name Robert
Last NameMcClendon
Year of Conviction1991
Year of Exoneration2008
State of ConvictionOhio
Trial, Bench Trial, or Guilty PleaBench Trial
Type of CrimeRape
Death SentenceNo
Life / LWOP sentenceLife
Gender of ExonereeMale
Race of exonereeBlack
Type of Innocence Defense
  • Alibi
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
  • Eyewitness
Identity of eyewitness
  • Intraracial Identificaiton
  • Victim
Lineup Procedures
  • Lineup
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 reachedAppeal
Claims Raised During All Appeals and Postconviction
  • Ineffective Assistance of Counsel
  • Jury Instructions
  • Sixth Amendment Right to Counsel
  • State Law Evidence Claim
Harmless Error Rulings
  • NP
Citations to judicial opinions

State v. McClendon, 1992 WL 125274 (Ohio App. 10 Dist. 1992)

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