Inmate’s DNA fails to match evidence

A newspaper’s probe has found flaws in Ohio’s DNA testing system.

CHILLICOTHE, Ohio (AP) — DNA from an inmate convicted of raping a 10-year-old girl in 1990 doesn’t match evidence collected at the crime scene, according to the first results from a lab that is re-examining cases across Ohio.

Semen on the victim’s underwear didn’t match the DNA profile of Robert McClendon, 52, lawyers with the Ohio Innocence Project said Tuesday.

The group, a nonprofit legal clinic based at the University of Cincinnati, delivered the results to McClendon at the Chillicothe Correctional Institution, where the Columbus man is being held.

“Hello, truth!” McClendon said in a choked voice. “I never, ever raped anyone.”

Franklin County Prosecutor Ron O’Brien told The Columbus Dispatch in a story published Tuesday that he would review the case and discuss the new findings with DNA Diagnostics Center, a private lab in Fairfield that conducted the test. The Associated Press left a message for O’Brien on Wednesday.

The lab north of Cincinnati agreed to conduct tests on inmates for free as a public service after The Dispatch published a series in January featuring 30 inmates among hundreds whose applications for new DNA testing had been stalled.

The newspaper’s investigation also found flaws in the state’s DNA testing system — police and courts routinely discard evidence after trials, and prosecutors and judges often dismiss inmate applications for DNA testing without a stated reason.

Lawyers with the Innocence Project said the testing results on McClendon move him one step closer to freedom.

“We’re thrilled with the results, but have no further comment at this time as we’re in discussions with prosecutors on how to resolve the case,” said Jennifer Paschen Bergeron, a lawyer for the group.

In McClendon’s case, authorities had long since lost or thrown away swabs from the victim’s medical exam — typically the best evidence for testing rape cases — but agreed to provide the underwear.

Prosecutors said McClendon took a 10-year-old relative from her backyard, blindfolded her, drove her to a house and raped her. The victim reported the rape the next day and was taken to a hospital.

Columbus police searched for semen on the underwear but didn’t find any.

DNA Diagnostics used new technology that was unavailable at the time of the crime to find faint traces of semen. Analysts obtained a clear genetic profile, then swabbed McClendon’s cheek for comparison.

“I knew it wouldn’t be a match for me,” said McClendon, who was sentenced to 15 years to life in prison. “My worst fear was it being inconclusive.”

McClendon, who was denied parole in 2007, was convicted in the 1970s of attempted corruption of a minor for having sex with a 15-year-old girl when he was 19.

“I haven’t been no angel,” he said. “But doing time for something you didn’t do, it’s 10 times worse.”