State v. Waters

THOMAS H. NEWTON, Judge.

Facts and Procedural Background

In 1992, Mr. Thomas J. Waters, Jr., was convicted by a jury of forcible sodomy and sentenced to thirty years in prison. The facts underlying Mr. Waters’ conviction indicate that he bound the victim with duct tape and performed oral sex on her in his truck and residence. She escaped and with her hands still taped behind her back, she entered the home of one of Waters’ neighbors who then called the police. The victim was taken to a hospital where a rape kit was created and samples from her vagina were taken.

Mr. Waters appealed his…