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Petro will work pro bono to free convicted rapist
Fairborn man has spent 16 years in prison, but ex-AG is sure of his innocence.
Tuesday, August 28, 2007
COLUMBUS — Former Ohio attorney general Jim Petro is so convinced of Roger Dean Gillispie's innocence he has agreed to work on the former Fairborn man's case for free.
Petro is working in conjunction with the Ohio Innocence Project to seek a new trial for Gillispie, who has been in prison since 1991. Petro, who sought the Republican nomination for governor last year, has agreed to work pro bono.
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"My heart goes out to him. It really does — 16 years (in prison). Oh, my God. I get choked up when I think about it," said Petro, now an attorney with Cincinnati-based Waite, Schneider, Bayless & Chesley.
Montgomery County prosecutors twice convicted Gillispie of kidnapping and raping three women at gunpoint in August 1988. He is currently serving a 16- to 50-year sentence at the London Correctional Institution.
The Ohio Innocence Project, a privately funded legal clinic at the University of Cincinnati College of Law, took Gillispie's case four years ago and invited Petro to join the case after Gillispie was denied parole this spring.
No physical evidence tied Gillispie to the crimes. The case hinged on testimony from the victims, who picked Gillispie out of a photo lineup nearly two years after the crimes.
Right after the attacks, the victims said the rapist had a deep, commanding voice, a dark tan, reddish-orange hair and no chest hair. Gillispie has a Kentucky drawl, pale skin, graying hair and a very hairy chest.
"This guy isn't even in the ball park (of the original description)," Petro said. "Had I not felt very, very concerned about his continuing to be in prison, I would not have taken this on."
Petro and Ohio Innocence Project Director Mark Godsey plan to file a motion for a new trial this fall, based on new evidence uncovered by their investigators.
Police and prosecutors, who opposed Gillispie's application for parole, have said they still believe they got the right man.
"We could argue this case forever. But the fact is we argued this case twice," Montgomery County Assistant Prosecutor Paul Folfas said last June for a Dayton Daily News story on Gillispie's case. "The jury was ... convinced beyond a reasonable doubt to convict this man. And it was affirmed on appeal."
The former attorney general may add weight to Gillispie's effort to get a new trial.
"It underscores the seriousness of the motion (for a new trial.) It's not some nuisance motion," Petro said.
He added, "I was the chief law officer of the state, so I don't want to be reckless about the things I attach my name to."
Petro used the attorney general's bully pulpit in 2005 to pressure Summit County prosecutors on the Clarence Elkins case. Elkins, who served nearly eight years for rape and murder, was freed Dec. 15, 2005 and later exonerated. Another man is now facing charges. Elkins was also a client of the Ohio Innocence Project.
