COMMONWEALTH OF IUSETTS Va KEVIN HLIN COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT MIDDLESEX, SS. Criminal Action No. 82-2430 to 2435 Da endanr AFFIDAVIT 0F KEVIN l. Kevin O?Loughlin, swear or af?nn as follows: I am over the age of eighteen years and understand the obligations ofan oath. Except where otherwise indicated, submit this af?davit based on my personal knowledge and review of available documents. I am submitting this af?davit in support of my motion for a new trial. In 1983, I was wrongfully convicted ofthe rape of an eleven year-old girl in Framingham, Massachusetts. [will refer to the victim as ?Jane Doe? (a pseudonym) in this af?davit to protect her privacy. Her true name appears in several of the exhibits to this af?davit. My lawyers have requested the Court keep these exhibits under seal. 1 am absolutely innocent ofthis crime. I did not rape Jane Doe and had no contact with her prior to my arrest. Jane and were strangers, and I was not present at her house on Joseph Road in Framingham on April 19, I982, the day ofthe attack. Attached as Exhibit 1 to this af?davit is a police report regarding the crime committed against Jane on April l9, 1982. I obtained this document in connection with my a. nu.- criminal trial. To the best of my knowledge, this is a true and accurate copy ofthc report, but due to the passage of time I cannot be certain whether additional pages may be missing. I was born on January 28, 1963 and grew up in Framingham. My father died When I was eleven, and my mother, a nurse, raised me, my brother, and my sister. My mother remarried when I Was fourteen. However, the man she married passed away a few years later from a heart attack. I struggled in high school, and I dropped out during my sophomore year. I took ajob in a restaurant. When I was eighteen, I was arrested, along with a friend. We were in a convenience store, and my friend showed a knife and demanded money from the clerk. I learned later he had committed other robberies in the past. We left the store. A few days later the police stopped and detained me. I confessed to my role and pled guilty. I had never been in trouble with the police before this incident. On April 19, 1982, I was still living at home with my mother and sister on Scott Drive in Framingham. I returned from work around 4:30 pm. and took a nap. I got up around 7:00 pm, made some dinner, and got changed. I left my house around 10:00 pm. to go to a party. I did not have a car at this time, so I walked along a main road hoping to hitch a ride with friends. I stopped at a convenience store along the way to buy a Mountain Dew and some candy?; - . - and-3.14.- in . -nt Imnmmuwr?wv Hanna 9- AS was Walking along (I no longer recall the name of the street), a police van passed me. circled back, and the of?cer got out. I immediately told the of?cer ?it?s not a beer? it is a soda." I thought he stopped me because he mistook my Mountain Dew for a beer. I0. After questioning me for a few minutes, the of?cer took me to a parking lot nearby where another police car was waiting. I understand now that Jane was in the back seat, but I could not see her and did not know she was present at the time. I stood outside the front passenger window. The police told me I had to say something out loud. I did not know why they wanted me to do this and I wasn't sure what to say, so I said have been home all night.? I understand now that Jane identi?ed me as the man who attacked her. I was arrested and taken to the police station. 12. My family did not have much money. We were able to retain a lawyer named Edward F. Harrington to represent me at trial and later on appeal. He charged us $2,500 for his work. He later became a Federal District Court Judge. 13. I was tried before ajury in February 1983. I testi?ed on my own behalf, but thejury convicted me. I have maintained my innocence every single day since the moment I was arrested. are-raz-t-fwr'fme - I I4. I have attached copies oftranscripts from my trial as Exhibit 2. These documents appear to be missing certain portions, such as the closing arguments. I do not have the remaining pages, and my lawyers' efforts to get them from the Court have been fang-r? -- . l6. l8. unsucceSSfUl. likely due to the amount oftime that has passed since my trial. My attorneys have redacted some hand written notes from a few pages ofthe transcripts. Shortly after I was convicted, the Department ofCorrection sent me to Bridgewater State Hospital for a mental examination. While I was at Bridgewater, the staff informed me I could be committed as a ?sexually dangerous person? for anywhere from one day to the rest of my life ifI did not admit to the rape for which I had been convicted. I refused. I told them to do what they had to do, and that I would never admit to something I did not do. I understand they eventually determined I was not a ?sexually dangerous person.? My experience in prison was life changing. There is no mercy on suSpected child molesters. I was not certain that I would survive. Even today, I cannot bring myself to discuss the details ofwhat happened to me. I was a young man, 18-19 years old, who had just been convicted ofa horrible sex crime against a young girl. I suffered terrible abuse from other prisoners. While in prison, I did what I could to continue my education. I got my GED, and took classes in management and auto repair. Around 1986, I was discharged to a work release program in a hotel restaurant. I excelled in this environment and worked at a number of other hotels after my release. I earned a number of promotions and quickly gained more responsibility. The next step for me was to continue my professional education. I was admitted to the Culinary Institute of America the CIA which I attended for two years. I lived ?wan-u ?up-r1 . rev?v wiry. g. 20. 21. 22. on campus at the CIA and commuted home on weekends to see my mother in Massachusetts. Although I had to withdraw from the CIA after two years in order to help support the family home, I was later quali?ed as a Certi?ed Executive Chef by the American Culinary Federation. After the CIA, I worked at a few hotels in Massachusetts and Southern New Hampshire, but I felt eager to take more responsibility and a bigger professional role. I also felt no choice but to leave Massachusetts. The stigma of my conviction was too much to bear, and I needed a fresh start. I looked through the internal postings for the company where I worked at the time to find the biggesthotel which I thought would be the biggest challenge -I could. I settled on a hotel in Dallas and I moved to Texas. I have lived in Texas ever since. After a few years I took ajob with Aramark, where I worked until 1998. In my role at Aramark, I supervised several hundred employees across a number of facilities. My work focused on university dining services, and I had responsibilities at a number ofcampuses. I was proud to have this leadership role, and I excelled at my work. In 1998 I moved to Houston where I supervised food service at a large sports arena. I worked for several other companies until I found a great match at a nationwide food company. I?ve been with this company as a-?chional Sales Manager since 2002. In my current role, I have operational and ?nancial responsibilities in ?ve states, and oversee an annual revenue stream ofjust under $20 million. I am responsible for eight brokerage offices, 65 distributors, and :tvvo warehouses yer?v. . . r; 3 Regal wry-r.me . . 23hA- lam proud that during my career I have received a number of commendations and letters ofappreciation from people with whom i worked. I would like to share these with the Court. so I have attached copies as Exhibit 3 to this af?davit. learned my bachelor's degree from Columbus University in 200i. While I am proud of what l?ve accomplished at work, the most important thing to me is my family. I have two daughters, now 17 and Both are doing very well in school and are looking forward to college. My wife and divorced in 2008, and my wife fully accepted that my daughters would live with me as the primary custodial parent. lam proud to be highly involved in their lives. i helped supervise their Brownie troops. coached their T-ball teams, and generally do everything 1 can to be part oflheir lives and to teach them core values for their lives ahead. I recall one time when the other Brownie parents all mothers - awarded me an honorary pink shirt for my volunteer efforts on behalfofthe troop. Although my daughters know i was convicted ofa crime i didn?t commit, have not been able to bring myselfto tell them the nature ofthe crime. i hope someday to be able to explain to them thatjustice was long delayed, but that a Court ?nally cleared my name. Deepite everything I've been able to achieve in my professional and family life, I live in fear every day that someone will uncover the story of my conviction and my world will fall apart. My [984 appeal to the Massachusetts Appeals Court appears in Google search results for my name. My youngest daughter found this document about two weeks ago. .qwm I 28. 29. 30. 31. 32. My wronngl conviction is notjust something that happened to me thirty years ago. This is a recurring nightmare that has lasted to this day. In 2004, I received a call from the Massachuse? State Police Fugitive Task Force. The of?cer told me I was required to register am sex offender. This was devastating news. In Texas, the Registry is very public, and ifl had to register 1 would probably lose myjob, my friends' and my life would fall apart. I hired a lawyer in Massachusetts to see if I could challenge the requirement. I participated in a evaluation with Dr. Robert Barresl, PILD. in Worcester. A true and accurate copy of Dr. Barresi's report is attached as Exhin 4. I've also applied to the Innocence Project several times, in or around 1999, 2001, and 201 l. I was rejected each time, both because there was no DNA to test (Massachusetts did not keep the evidence from the case), and because I was no longer in prison. In 201 l, I received a call from Deputy Chief Kevin Slattery ofthe Framingham Police. I knew Of?cer Slattery growing up, and we went to the same church. However, we were not close friends. Of?cer Slattery told me he had been investigating my case and he was convinced I am innocent. He did this investigation entirely on his own motivation. I am grateful for this effort. I understand Of?cer Slattery has found evidence showing that another man committed the crime for which I was convicted. He cannot share the details with me due to privacy laws. cyan-r2 33'. Will-lid like to end my af?davit by saying this again: I am absolutely and completely innocent of this crime. 1 did not rape Jane Doe. I am not guilty. - - ber, 2014. Signed under the pains and penalties of perjury this if day ofNovem i Kev?i d'ir hiili