DNA proves man's story
Police said he was a rapist -- he disagreed

ELIZABETH EVANS The York Dispatch

Four-and-a-half months.

That's how long 50-year-old Charles R. Livingston spent in York County Prison waiting for investigators to figure out he wasn't the razor-wielding attacker who brutally raped and threatened to kill a young woman after kidnapping her from York City on Oct. 7.

Less than six hours after the assault, police arrested Livingston because his age, general physical description and clothing he was wearing closely matched the description of the rapist's. He was taken to York County Prison and, four days later, arraigned on charges including kidnapping, rape and robbery.

Livingston remained locked up until February on $250,000 bail, when results from a DNA test confirmed what he'd been telling investigators all along -- that he was innocent. The charges against him were dropped on Feb. 10, according to District Judge Barbara Nixon's office.

"I don't understand why it would take so long for the test (results)," Livingston said. "Originally they told me it would take six to eight weeks."

Livingston said he also doesn't understand why police didn't take him up on his offer to submit to a lie-detector test or stand in a lineup.

"They wouldn't listen to anything I had to say," he said. "I'm still angry about it, the way it was handled. It was wrong."

York City Police referred questions to executive deputy prosecutor David Cook of the York County District Attorney's Office.

"Based upon the circumstances at that time, the arrest was reasonable," Cook said. "You've got a guy who completely matches the physical description near the area at the time of the incident. ... What do you think the chances are that you'd find two guys in the city (who so closely match)?"

Crime lab 'swamped': Cook said 41/2 months is not an unusually long time for the state police crime lab in Greensburg, Westmoreland County, to return DNA results.

"They're swamped," he said. "It's not like (the television show) CSI," where such results are available in minutes.

Cook said he has no knowledge of Livingston asking for a lie-detector test and lineup, but said the arrest was made in good faith.

"Prior to DNA (testing technology), he probably would've gotten convicted and served a lengthy sentence," he said. "I was surprised when I found out the DNA excluded him (as a suspect). We want to do what's right and make sure an innocent person isn't sitting in jail even a moment longer than necessary.

"As soon as we found out that he was excluded (as a possible suspect) ... we took all steps to ensure he was released quickly," Cook said. "The right thing happened, and that's the important part."

Search continues: "The worst part about it is they've still got (a rapist) out there," Livingston said.

Cook said police are doing "all they can" to find the real rapist, whose DNA profile was run through CODIS, the national DNA database; so far, no matches have been found.

According to police, the rape victim was approached by a man on West Clarke Avenue around 5:30 p.m. He put the blade of a box cutter to her throat and forced her into the passenger seat of her car, where he bound her hands with plastic ties.

He drove the woman to Small Athletic Field and sexually assaulted her, police said. Afterward, he allowed her to get out of the car, then apparently changed his mind.

"Nah, I would rather kill you. I don't want to go to jail," the man said, according to police.

At that point, the woman ran away, sliding down an embankment into Willis Run. She swam or waded across the creek and got away. She told police her attacker was in his 40s, about 6 feet tall, possibly with a goatee.

Cook said he's unaware of any other similar rape cases in York County.

Can't forget: Livingston said he was lucky, because his friends stood by him, as did his employer, who held his job at E&H Recycling in York City.

"The people who actually know me, they knew I didn't do it," he said. "That's a pretty heinous crime. ... It could ruin someone's reputation real quick."

Livingston said he lost his apartment while locked up and is now staying with a friend. He's moving on, but that doesn't mean he'll be able to forget his ordeal.

"It's always going to be there -- I'm never going to be able to get it out of my mind," he said. "It's definitely something I won't forget."

Anyone with information on the rapist can call York City Police at 846-1234.