When I finally got back into my car, I drove across the street to the
parking lot where Melissa's car was parked. We looked down the alley
and saw the girls parked in their car in the shadows. At this point, I
told Melissa that I was going to go to the gas station and get some gas
and gum. On the way over to the gas station, Melissa started to rub my
right leg and said, “Thank you for saving my life.” Then
she asked me if I wanted her to give me oral sex. I said,
“No,” and I went to pay for the gas. When I came out from
paying for the gas we drove around for a few minutes hoping the girls
would get bored and leave the parking lot where Melissa's car was
After a while, we ended up back in the parking lot. While we sat there
I was looking out the car window thinking about seeing my girlfriend
that night when I got home. Next thing I know, Melissa is giving me a
hand job. After I ejaculated I got out of the car and went inside to
the job site. There was a supervisor and another employee there. I
spoke with them and then used the phone to call my girlfriend to tell
her I was on the way home. When I got back to the car, Melissa was gone.
The next day, Friday, April 3, 1998, along with my dog, I went to work.
Melissa was also at work. She played with the dog and told me "thank
you" again for helping her the night before. I then left work and when
I came back to work later, she and her girlfriend were in a car in the
parking lot. When they saw me pull up, Melissa got out of the car and
came over and started playing with my dog again. A couple of other
employees saw all of us together.
The next day, Saturday, April 4, 1998, my friend, Shaun, and I were at
the park. Melissa and her friend, John McDowell, were out driving and
when she saw me she drove over to where I was. When she stopped her
car, I went over to her and asked her what she doing and where was she
coming from. She was drunk and she said that she and John had just came
from a party. She offered me some of what she was drinking and I told
her, “No, go home and chill out.” When I went back to my
car Shaun asked me who she was and I told him.
On Sunday, April 12, 1998, a police officer came to my house and asked
me if I knew Melissa. I said, “Yes.” The way the officer
spoke, I thought something had happened to her. He asked me what had
happened on April 2, 1998. I told him that some girls wanted to beat
Melissa up. He then told me that Melissa said that I raped her. Again
he asked me what happened that night and I told him. Then he asked if
he could see my car. I told him, “Yeah.” When we got out to
my car, he looked around and told me that he agreed that it couldn't
have happened in the car. He then told me to not worry about it and
that he believed me and he told me again not to worry. That's when I
started to worry.
After the officer's visit, I went to my parole officer and told her
what was going on. (I was on parole for kidnapping. I was in the Army
and stationed at Fort Riley, Kansas in 1979 and I was told that I was
supposed to have raped this girl. When I went to court I was given a
plea agreement. I found out two days later that the girl had never been
raped. The hospital reports were negative for rape and the police
report substantiated the hospital reports. She lied because she was
supposed to be home at a certain time and wasn't. This is when all my
A week later, the same police officer came to my house to arrest me.
Why did Melissa wait eight days to decide to say I had raped her?
After I had been in jail for a while, the district attorney spoke with
my parole officer. She asked my parole officer if, if she dropped the
charges against me with prejudice, could she leave me in jail because
she didn't have any evidence. My parole officer told her, "No."
I went to my pretrial hearing and the judge bound me over for trial. My
attorneys were Mark Dinkle and Pamela Sullivan. I asked them if I could
take a polygraph. I was granted one. The results said that I was
telling the truth. When I asked my attorneys to have Melissa take one,
they said the district attorney had said, “No.”
Then Melissa said she was pregnant. I asked my lawyer to file a motion
for DNA testing. The state said, "No." This went on for months. Then
the state said, "Yes." The results said that I was the father even
though the dates and times the child was conceived did not correspond
with the time in which the alleged rape was supposed to have happened.
Although Melissa told the judge that she wasn't going to keep the baby
and that she wanted to have an abortion, she later changed her mind. At
my trial, she told the judge she wasn't due to give birth until late
January or early February. She delivered a full term baby in November.
(The rape was to have happened in April. When Melissa went to the
doctor the first time, the doctor told her she wasn't pregnant. When
she went back to the doctor a second time, he said she was.)
My first trial ended in a hung jury. Melissa was caught telling many,
many lies. My attorney told me not to take the stand because the jury
would not believe my version. During the first trial, Melissa admitted
that it was her intention to “get with me” that night. My
plans had been to go to the liquor store (as I did every Thursday) and
go home. The state was unable to come up with a motive. Their
“evidence” was a bottle of gin that I was supposed to have
thrown out of my car window, but when fingerprinting was done on the
bottle, they found no prints