Robert McClendon: 18 years wrongfully convicted

TIFFIN — Heidelberg University recently hosted a special presentation from Pierce Reed, director of Policy and Engagement at The Ohio Innocence Project Assistant, who was joined by exoneree Robert McClendon – a Columbus native who spent 18 years behind bars for a crime he didn't commit. McClendon was charged with the kidnapping and rape of a minor in May 1990, maintaining his innocence the entire time, before later being exonerated in 2008 when DNA testing proved he was not the culprit. The special guests were welcomed by Sarah Lazzari, professor of criminology and sociology. Reed opened the presentation by providing some background on the Ohio Innocence Project, sharing that as an organization, they are not "anti-anyone." He explained that the organization does not exist to serve as a form of punishment for those who make an error in the justice system, but rather to keep the system accountable. "We are all humans– and humans make mistakes. The problem with that is some mistakes are bigger than others, and from my experience the bigger the mistake– the harder it is to admit," said Reed. Specifically regarding McClendon's case, Reed noted that DNA testing was not as widely available as it is today. "The average DNA test then was somewhere around $2500, and there was this sort of stigma about putting science and law together in a courtroom, almost an inherent conflict," said Reed. Reed explained that while he is grateful for the work he has been able to successfully complete, cases like McClendon's case haunt him the most – "where we have evidence and cannot enter it into the court for some reason or another." Reed welcomed McClendon to the stage to tell his story as he lived it. Opening with a powerful statement, McClendon shared with the audience the following: "What happened to me, can happen to any of you in this room – at any given time. Think about that for a moment," said McClendon. The crowd's murmur began to fade, as students considered the possibility. McClendon said that at the time he was convicted, he was a Parks and Recreation employee for the city of Columbus. "While I was leaving work one day, I ran into one of my former partner's children– who recognized me solely from pictures her mother had on the mantle," explained McClendon. According to court documents, the victim had only seen McClendon once in her life before the day of the alleged assault. At the time, McClendon was dealing with a separate set of legal issues– unrelated to the alleged assault and kidnapping. "So I caught up with her, asked how she was doing– told her I was proud of her, and went on with my day. Two days later, I got a call from my attorney saying there was a warrant for my arrest, and advising me to turn myself in," said McClendon. He continued, sharing some of the horrific details of the alleged assault and kidnapping he was being accused of. "I knew I was innocent, so hearing this made me sick to my stomach," said McClendon. McClendon said the victim had identified himself as the perpetrator, and due to the powerful testimony given to the court he was convicted. While incarcerated, McClendon was given a series of three polygraph tests as a condition of the prosecution, all of which came back inconclusive. "The prosecutor refused to let the results be admitted as evidence in court after an examiner from the State Highway Patrol reviewed them and claimed it was an act of deception," said McClendon. He said the prosecution went as far as offering him an early parole if he would admit guilt in the situation– something McClendon never intended to do, nor did he do. Instead, McClendon filed for DNA testing in 2004, based on evidence collected from the crime scene. This was met with opposition from the prosecution, who claimed there was no evidence to test because "tests in 1990 were negative for semen." "Sometime around there, I met a gentleman from the Ohio Innocence Project named Mike Wagner, who is one of my closest friends to this day," said McClendon. He explained that Wagner was working closely with reporters from the Columbus Dispatch to investigate cases such as his and that he was one of thirty cases in the state they would be reviewing. "He's a hooper, so one of the very first things we talked about was basketball and our love for the game," said McClendon, sharing an anecdote about how if he were able to get out of prison, he would stomp Wagner in a one-on-one game. "So the day finally comes where we conduct the DNA testing, and while we're waiting for the results to come back, no one will tell me anything," said McClendon. "All these people just keep walking by, chattering, but no one will even look at me. That's when Mike came in and told me we were going to have a chance at that one-on-one game," said McClendon. He said 2008 will forever be one of the best years of his life, and that he is grateful for the Ohio Innocence Project's involvement with his case.