CLARKSBURG, W.Va. — A man has been freed from jail after serving 15 years behind bars for the robbery and sexual assault of an 83-year-old woman.
Media outlets report that Joseph Buffey was released Tuesday after entering a Kennedy plea to charges of robbery, burglary, breaking and entering and destruction of property stemming from the 2001 incident.
A Kennedy plea doesn’t require a defendant to admit guilt. Buffey was sentenced to time served and released.
Earlier this year, Buffey withdrew guilty pleas in the case after a state Supreme Court ruling said his due process rights were violated when prosecutors failed to disclose that DNA tests exonerated him in the rape and robbery of the woman.
Buffey’s attorney Allan Karlin says the state in 2002 had DNA evidence proving Buffey wasn’t guilty.