LIVINGSTON COUNTY – Former Caledonia Police Officer and convicted rapist David Witherspoon is set to be released from prison this week, but thanks to District Attorney Greg McCaffrey he will be under the highest levels of observation possible by the Sheriff’s Office.
Witherspoon, 59, has served eight years of his 10-year prison sentence in Clinton State Prison in Clinton County, NY. Now, as a result of “good time and behavior” the Department of Corrections has decided that it is time for him to reenter society on Friday, and the District Attorney’s Office is fighting to ensure that he be handled with the utmost caution for the rest of his life by Sex Offender Registry guidelines.
“The original RAI (Risk Assessment Instrument) has failed to take into account the heinous nature of these crimes,” said Assistant District Attorney Josh Tonra in court in October as he filed the petition. “It is clear from statements by another victim that this has occurred multiple times.”
Witherspoon was convicted of Rape in the First Degree, Assault in the Second Degree, and Criminal Sale of a Controlled Substance after he sadistically drugged and brutally raped an 18-year-old SUNY Geneseo student in 2004. Now, another victim has come forward, claiming that she too was drugged and raped by this man, and in fact became pregnant as a result.
The maximum-level status means that Witherspoon’s movements, vehicles, addresses and phone contacts will be monitored extremely closely for the rest of his life after his release, and that any future violations of the Sex Offender Registration Act (SORA) will result in more state prison time.
Before hearing the petition in October, Livingston County Judge Robert Wiggins ordered Witherspoon to be unshackled.
“It is my policy that his hands are unshackled,” said Wiggins. “However, if his handlers are uncomfortable with this, he will remain shackled.”
Witherspoon’s legendary trial in the summer of 2004 was an excruciating three-week legal battle in which then District Attorney Tom Moran and defense attorney John Parinello went toe-to-toe for three long weeks on the case.
After reviewing the new evidence against Witherspoon, Wiggins ruled in favor of the petition.
PHOTO CAPTION: Photo from Reddit.com.