In February 1997, the 13-year-old son of Wayne Cservak’s girlfriend accused Cservak of molesting him repeatedly in his home in Dalton, Georgia. Police found semen on the rug of the room where the victim was allegedly molested. Cservak’s attorney, however, failed to request testing of the semen sample and failed to mount a defense. In May 1997, a jury convicted Cservak of rape and he was sentenced to 10 years.
One of the jurors who convicted Cservak believed he was innocent, but was pressured by the other jurors into voting guilty. Immediately after Cservak’s sentencing, that juror hired a private attorney to work to reverse Cservak’s conviction. Within seven months, Cservak was granted a new trial based on ineffective assistance of counsel. A week later, the victim recanted and told prosecutors he had never been molested. He had made up the accusation because Cservak and his mother were planning to marry, and he wanted to prevent that from happening. On December 29, 1997, the prosecution dismissed the charges.
- Stephanie Denzel