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Crime Rapist wins new trial in 1976 assault on babysitter

00:20  20 february  2020
00:20  20 february  2020 Source:   msn.com

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WEST PALM BEACH — A 73-year-old career criminal who is serving two life sentences for rapes that occurred in Boca Raton in the 1970s won a new trial in one of the assaults on Wednesday.

a man looking at the camera: John MacLean with his attorney in Palm Beach County Circuit Court in 2018. [LANNIS WATERS/palmbeachpost.com] © LANNIS WATERS/palmbeachpost.com/The Palm Beach Post, Fla./TNS John MacLean with his attorney in Palm Beach County Circuit Court in 2018. [LANNIS WATERS/palmbeachpost.com]

Even though the 4th District Court of Appeal threw out John MacLean's conviction in the October 1976 rape of a Boca Raton babysitter, he is likely to die in prison.

The West Palm Beach court in October upheld his separate conviction and life sentence for sexually assaulting a young Boca mother in 1977 while her two children slept nearby.

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The Pitcairn sexual assault trial of 2004 concerned seven men living on Pitcairn Island who faced 55 charges relating to sexual offences against children and young people. The accused represented a third of the island's male population and included Steve Christian, the mayor.

The Palm Beach County State Attorney's Office wasn't immediately available for comment on whether they would retry MacLean given that he is already serving a life sentence.

The appeals court said state prosecutors acknowledged that McLean deserved a new trial in the attack on the 15-year-old babysitter. The jury, which convicted MacLean of armed sexual battery in 2018, should have been told it could have found him guilty of a less serious charge of sexual battery, the appeals court ruled.

Both rapes remained unsolved until 2012 when Boca police said they uncovered DNA that linked MacLean to four rapes. He was arrested at his home in Pompano Beach.

Police said the DNA also connected MacLean to the 1976 rapes of sisters, who were 14 and 18 years old . Because state lawmakers didn't lift the statute of limitations for armed sexual battery until after the sisters were attacked, prosecutors were barred from charging MacLean with those assaults.

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Lillian Constantine (pictured) filmed the sexual assault carried out by Bangladeshi takeaway worker Ashraf Miah, 34, as she walked home late at night in Brave student, 18, helped snare the rapist who attacked her by filming the entire assault on her mobile phone. Lillian Constantine was attacked at

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MacLean had been charged in 1981 with rapes in Miami and Boca, but the cases were dismissed.

While serving time in a Florida prison for a 1979 burglary conviction, MacLean wrote a book titled "Secrets of a Superthief," where he boasted of committing thousands of break-ins and walking away with millions of dollars.

After his release from a Florida prison in April 1987, MacLean moved to Arizona, where he was arrested for armed burglary and sexual exploitation of a minor, and several other crimes.

jmusgrave@pbpost.com

@pbpcourts

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Opinions | Weinstein’s conviction is no fairy tale. Defeating the monster is just a start. .
Opinions | Weinstein’s conviction is no fairy tale. Defeating the monster is just a start.As difficult as it was to convict comedian Bill Cosby, the first prominent man found guilty of rape in the #MeToo era, grasping the horror of what Cosby had done was not that difficult. Sexual violence has always been a contentious subject, but even before #MeToo, everyone understood that drugging a woman and penetrating her unconscious body made a man a rapist.

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