Local Judge: You ‘Don’t Get 1 Free Rape’
Published: June 12, 2009
COLUMBUS, Ohio—An Ohio man whose case apparently fell through cracks in the legal system has been ordered to prison to serve five to 25 years for a 1984 rape.
Fifty-three-year-old David McClary began to tear up in a Columbus court Thursday when his request to remain free was denied.
Franklin County Judge Julie Lynch said defendants “don’t get one free rape” in her courtroom.
His attorney says McClary never got a final sentencing hearing in 1985 after an appeals court upheld his rape and kidnap convictions in a case involving a 16-year-old girl. Defense lawyer Michael Siewert says McClary was out on bond and no one told him to return to court.
McClary was arrested in March after a tip brought his convictions to the attention of the U.S. Marshal’s Service.
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Reader Reactions
Yes…he should serve some time.
But, my main question is…
Where was the victim or her family over the last 25 years ???
And…
Why didn’t any of them seek a better Attorney or a higher court after even just the first 6 months went by with nothing being done about it ???
Had they went in that direction 25 years ago, then none of this would even be happening right now !!!
I believe this is the mistake of the court,yes he should have truned himself in,but he did not.what should be done is for the court to look at how this man has lived his life the past years ,and judge from there.he does deserve some jail time ,but 25 years no way.Also, I love to read where people want justice, I dont think making a man’s family suffer for something that should have been taken care of in 1984.
...Republicans continue to eat their own
now the Dean of the ‘85 10th appellate who dropped his balls.
We can never trust a crminal to “do the right thing”. The court system failed the victim and the citizens by allowing this to happen and put in jeopardy other young women. I hope he did not harm anyone else while he’s been free to do so.
Why the surprise, justice may have been slow, but sooner or later things have a way of correcting themselves. It will probably hurt far more now to spend time in prison because he thought he had gotten away with a “freebie”. My other question is I wonder if his wife and 4 kids knew about his “secret”. They have to be devastated and honestly may have been innocent victims themselves. Their pain just adds to this man’s punishment.
Yeah and he should have turned himself in. His 25 yrs would have been done now had he served earlier. Of course he’d have to register as an offendor for the rest of his life anyhow probably - I hopes he rots in prison!
“Slipped through the cracks”?! This is a disgrace. This child rapist lived free for 25 years while the victim suffered knowing her rapist was never punished. And his excuse is ridiculous. I hope they keep this guy locked up for the rest of his life.
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