Roger Dean Gillispie could be freed from prison

Published: Thursday, December 15, 2011 @ 11:30 AM
Updated: Thursday, December 15, 2011 @ 11:30 AM

DAYTON, Ohio -- Roger Dean Gillispie, convicted of rape, could be set free.  U.S. Magistrate Michael Merz ordered that Gillispie be retried or freed by July based on evidence which had been rejected in the past.

Gillispie has been fighting his convictions for 20 years.  He argued Tuesday for a new trial before three appeals judges.

Gillispie was tried and convicted of raping three women in August, 1988. The conviction was appealed in 1993. He had been serving a 16-to-50-year sentence at the London Correctional Institution. He has always maintained he was not guilty. 

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Much of the new evidence involves an “alternative suspect.”  The defense claims the other suspect matches the descriptions of the rapist. That suspect, according to the defense, made statements to people he knew that were similar to statements made by the rapist.