Schenectady County

Grand jury rejects rape charge

Donald Randolph might have had sex on the night he was arrested by city police, but it wasn’t rape,

Donald Randolph might have had sex on the night he was arrested by city police, but it wasn’t rape, according to a Schenectady County grand jury.

His accuser claimed rape when her husband caught her having consensual sex with Randolph in exchange for drugs, law enforcement sources told The Daily Gazette.

Randolph, who had been held in jail without bail since being charged with rape on July 22, was released late Thursday after the grand jury voted not to indict him. A majority of the jury voted against the indictment, District Attorney Robert Carney said.

Randolph was already a known figure in the city because he claimed in December that he had been beaten by five city police officers after he was stopped for allegedly driving while intoxicated in the drive-through at the Union Street McDonald’s. The officers involved have been suspended with pay while a grand jury investigation continues and Randolph has filed legal papers preparing for a lawsuit.

Randolph’s mother said the police should not have arrested her son on rape charges, saying that she could provide an alibi for every minute of his time on the night in question.

However, Carney said the police acted appropriately.

“They responded to complaints made to them. This is nothing they drudged up. They responded appropriately to a complainant,” he said.

The grand jury’s decision shouldn’t be taken as a criticism of their arrest, he added.

“It just means having heard all the evidence, there wasn’t sufficient evidence of a criminal act,” he said. “I can safely say they heard all of the evidence that was available.”

Because of grand jury secrecy, he could not comment on testimony.

“But based on our review of the file and preparations for testimony, there was no medical corroboration and I would say there were many inconsistencies,” Carney said.

Immediately after the grand jury voted Thursday night, Carney’s office contacted city Court Judge Christine Clark and asked her to release Randolph.

“The decision hadn’t been handed up yet, but we had an ethical obligation,” Carney said. “She faxed over a release to the jail.”

A corrections officer said Randolph “ran out of here a happy man” after hearing the news. He lives on Stanley Street with his mother, Michele Dunn.

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