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Westmoreland

Hempfield man's appeal in child rape case denied

Rich Cholodofsky
| Wednesday, Sept. 5, 2018, 4:39 p.m.

A Hempfield man’s conviction to charges that he raped four children was upheld on Wednesday.

Westmoreland County Common Pleas Court Judge Rita Hathaway ruled there was no basis for the appeal filed by Kenneth Duane Husband, who contended his guilty 2014 guilty plea should be vacated due to a technical error.

Husband, 48, contended his conviction was invalid because he did not properly sign court documents as part of the guilty plea and that his accusers have since recanted their allegations.

The judge ruled that the signature issue did not warrant the conviction to be overturned and that the appeal on those grounds was not filed in time.

Husband is serving a sentence of 15 to-30 years in prison.

Hathaway also ruled there was no evidence that the victims changed their story in which they claimed they were repeatedly raped and molested by Husband over a three-year period that ended in November 2012.

“It is unclear how defendant learned of these alleged reports — defendant did not present them to the court or his counsel and there is no evidence that such statements exist,” Hathaway wrote.

Rich Cholodofsky is a Tribune-Review staff writer. You can contact Rich at 724-830-6293 or rcholodofsky@tribweb.com.

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