Michael Volpe

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“I was arrested in 2009, and charged with rape and related sex offenses,” Marcy said in a letter to this reporter on July 12, 2017. “The first time I spoke to the police I implored them to take my DNA and test it. Edwardsville Police informed me ‘they do not need my DNA, because they do not have any DNA to test it against.’ They have her statement and that is all they need.”

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(Note, the name of the child was changed to the pseudonym, Ruby, because of her age)

A curious technicality is keeping a Pennsylvania man in jail, despite no longer having any evidence to support his rape conviction.

Joseph Marcy was convicted in 2012 of molesting his daughter Ruby, who was six and seven when the alleged incidents occurred and nine when she testified.

At the trial, the only evidence against him was Ruby’s testimony and a doctor who said bruising in her vaginal region was consistent with molestation.

Other medical experts have since concluded the bruising was consistent with numerous things, not just molestation, and Ruby has since recanted her testimony, testifying in an appeals hearing called a Post-Conviction Relief Act (PCRA) hearing, that she lied during her father’s trial.

“And did you want to come in today?” Ruby was asked by John Hakim, her father’s attorney, at this PCRA hearing.

“Yes,” she responded.

“And why is that?” Hakim asked.

“To tell the truth,” she responded.

“And what’s the truth?” Hakim asked again.

“That he did not do it,” Ruby said, recanting. More