Verdict in rape case may hinge on DNA evidence taken in 1977
Jury deliberating fate of 71-year-old accused in assault.
WEST PALM BEACH —A jury has been left to decide whether a 71-year-old registered sex offender raped a Boca Raton woman at gunpoint 41 years ago.
John Arthur MacLean is charged with armed sexual battery and could go to prison for the rest of his life if the six-person jury finds he raped the woman, who is now in her late 60s.
The prosecution’s case hinges on a vaginal swab taken during a medical examination of the woman on Feb. 28, 1977. The swab remained locked away at the Palm Beach County Sheriff ’s Office for about three decades before it was found in 2005.
MacLean’s attorneys say the DNA evidence found on the swab was contaminated over the years and other evidence that might exonerate — including fingerprints and a plaster cast of the assailant’s footprints — has been lost.
“It’s evidence that is old, dated, crusty,” said Assistant Public Defender Stephen Arbuzow. “Everything is missing, and where did it go? Nobody knows.”
A small amount of DNA evidence previously resulted in MacLean’s conviction for decades-old sexual battery. In April, MacLean was found guilty of raping a 15-year-old baby sitter at a Boca Raton home in 1976. He is awaiting sentencing in that case.
Four women testified this week that they were raped by MacLean in three separate cases during a oneyear period between February 1976 and February 1977. The attacks took place a few miles apart in Boca Raton.
Each woman said that their rapist was disguised and threatened them with a gun during the crime.
The Palm Beach Post is not identifying the women because of the nature of the crimes.
The oldest at the time they were sexually assaulted was the 26-year-old woman who testified Monday that she was raped as her 6- and 2-year-old sons slept in a nearby room.
During the assault, the woman’s older son came out of his room to find out what was wrong. His mother told the boy to go back into his room as her rapist held a gun to her head, she said in court.
The woman was unable to identify her attacker because he was wearing a wig and horn-rimmed glasses.
“He walked away and never thought he would be caught,” prosecutor Brianna Coakley said.
Instead, Coakley said, MacLean “left something important behind,” alluding to the DNA evidence that showed up during the medical exam.
The jury was released shortly after closing arguments Thursday afternoon and will return today at 9 a.m. to continue deliberations.
MacLean asked Judge Jeffrey Colbath to waive his presence in court today, including the jury’s verdict. Colbath agreed to the request.