DNA clears man in rape, kidnap case

By Jessica Musicar, Staff Writer
Sunday, July 12, 2009 | 44 comment(s)

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DNA evidence has cleared a Coos Bay man of all culpability in a rape and kidnapping case involving a North Bend woman.

The Coos County District Attorney’s Office clear 32-year-old Joe G. Rudder of all charges Wednesday in the April incident. He’d originally faced charges of first-degree rape, first-degree sodomy, unlawful sexual penetration, first-degree sexual abuse and menacing.

Coos County District Attorney R. Paul Frasier said he filed a motion for dismissal on the charges after receiving a DNA report Tuesday from the Oregon State Police Crime Lab in Portland.

“The DNA did not identify Mr. Rudder,” Frasier said. “Based on what I have right now, there is insufficient evidence to proceed.”

The report did show that the DNA came from three unidentified men.

North Bend police arrested Rudder on April 30, following a report the day before from a North Bend woman who said she’s been raped near Ferry Road in North Bend. She told police she knew the suspect.

Rudder had been arraigned and was set to appear in court for a plea-change hearing on July 13 before the DA dismissed the charges based on insufficient evidence.

 
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Skullman wrote on Aug 8, 2009 9:54 AM:

He should be glad he had a good Lawyer other wise he would of takina plea bargin. The county is good for that. either way they get money on a conviction from hearsay or otherwise. Hearsay is the best ingredient for Coos County. No matter what people will go to jail or prison over hearsay.

Desert Rose wrote on Jul 22, 2009 9:15 PM:

To Oliver Woods...
Desert Rose, on what basis do you sue the police and court system? Only doing their job. Before DNA how many innocent men did time due to accusations of a spiteful or otherwise wrongly accusing woman.
Evidence of DNA of three other men? Whew! Poor thing!

He should sue them on the basis of FALSE ACCUSATIONS!!! Ever heard of it???

GLUTTON4PUNISHMENT wrote on Jul 21, 2009 11:09 AM:

Well WOW and Mach you are alone on this one. Obviously you are people who have never had the misfortune to be on the wrong side of justice. While you look down your nose at us, just try to imagine what it would be like to be ripped from your home, arrested, accused of a horrible crime, strip-searched, made to spread your bum and cough in front of one or more police officers, put in with REAL offenders in county jail for an undefined period(inmates are notorious for making it hard on rapists/molesters), then dragged through the mud in the public eye by the press and people like yourselves. Now that you have that visual, imagine you were innocent. I would love to hear your opinion after you actually live a nightmare like this. I have(it was assault, not rape)but its one of the worst feelings in the world when no one believes you and the public has already outcast you. The sad part is you will always be naive of this situation, seeing as how the worst thing to ever happen to you involving police will probably be a parking ticket at your local church function.

carefree highway wrote on Jul 20, 2009 10:34 PM:

That nutty woman has the DNA of three other men inside her and those men could have been accused of raping her and gone to jail for a long time. Dont say this cant happen to YOU. Joe was innocent and the cops, D.A. and Judges hung him out to dry. He was JAILED!! IT CAN HAPPEN TO YOU!! The woman, cops and court system are the over zealous screwballs. They stink of Nazi-Communist acts of lawlessness.

oliver woods wrote on Jul 19, 2009 3:47 PM:

Desert Rose, on what basis do you sue the police and court system? Only doing their job. Before DNA how many innocent men did time due to accusations of a spiteful or otherwise wrongly accusing woman.
Evidence of DNA of three other men? Whew! Poor thing!

rainman wrote on Jul 18, 2009 12:03 AM:

good for Joe getting his name cleared of something he did'nt do . When this was first reported in the paper i said this doesn't sound like anything joe would do i've known him for years he used to live with me and my brother for six months.

arago wrote on Jul 17, 2009 3:09 PM:

A person is innocent until the state proves them guilty. It appears that the state does not have enough evidence in Mr Rudder's case. So they dropped the charges.

I am not saying that he is guilty or innocent we will never know.

If this woman filled a false report then she should be prosecuted.

One thing I have noticed when someone is charged or not charged you have a group of people that already have deemed by what they have read as the person is guilty and they got the rope ready to hang them. Lucky for Mr Rudder they were not able to do it.

I do that if this woman gave a false report it will not stop a true victim from coming forward,and the Police and DA will follow through.

WOW wrote on Jul 16, 2009 5:18 PM:

Glutton4punishment: must be naive. My opinion may not mean much to you but yours doesn't mean anything to me. I don't know either party mentioned in this article but I refuse to blame the victim in any rape case. If any exceptions are allowed that would disavow the little protections afforded to victims today, less people would report this heinous crime. While this broad net would be cast over those "victims" who file false reports, I refuse to assume facts that are not included in this article to make the conclusion she filed a false report. This determination needs to be made on a case by case basis and if that is done in this case by those who have the authority to do so (meaning an actual investigation!), I'm supportive. But I will not jump on the mob wagon roaring for this woman to be flogged.

donna wrote on Jul 16, 2009 8:58 AM:

To Mach,
If she just thought she should have said it could be him not I know who it is and it this guy for sure. I am not blaming the victim because she is not the victim I think he is.

GLUTTON4PUNISHMENT wrote on Jul 16, 2009 8:17 AM:

In response to WOW,if the victim had consensual sex beforehand,then obviously it was with three gents either all-at-once or seperately within a very brief period of time.That alone is enough to call into question her moral integrity, not to mention her claims of rape.This community,like many others condemns rape and actions like rape,however noone likes the boy who cryed wolf,or in this case a woman with obvious issues when it comes to her sex life.These people have their right to form and voice their opinions,and they're not idiots for expressing them.Are you a friend of the "victim" or something, or just naive?

Desert Rose wrote on Jul 15, 2009 10:53 PM:

To STANDUPGAL...to get his reputation back he has to sue the police, court system, and the woman who accused him!!! It was his ex-wife.

Mach wrote on Jul 15, 2009 6:32 PM:

Gosh, this town has a super 'blame the victim' complex.

Are you people seriously saying we're not allowed to accuse people of rape if we think they've raped us (It's not uncommon to mistake things when you're being violated, darlings)? 'Cause, seriously, that sounds like what you're saying.

If you're worried about someone's reputation, blame the media for reporting, not the woman for actually coming forward and saying she was violated.

Fed Up wrote on Jul 15, 2009 3:53 PM:

Amazing that after posting a factual note about DNA, and what the absence of it means, it's reported to be 'hostile,' as well as that I need to for some reason 'learn to read.'

LOL... umm... ok. If YOU had not only read, but also comprehended, what I wrote. I've yet to see a single intelligent post in answer to it. Someone please explain to me how you draw the conclusion that this is a false accuser, by there simply being a lack of DNA. As to my CSI comment, yes, go back to it, and leave reality to the professionals. CSI, in which every single case is solved by finding DNA, is not reality, and has had a disturbing effect on jurors across this nation.

Again, I'm not saying this guy is guilty, but a lack of DNA absolutely does not prove he is innocent either.

TruthTeller wrote on Jul 15, 2009 11:01 AM:

To Amadeus, I totally agree. And now her name should be published for all to see.

amadeus wrote on Jul 15, 2009 9:35 AM:

I stand by my comment that false accusers should have to register as such to protect the innocent people from being THEIR victims. There are PLENTY of so called victims that abuse the system that works in their favor to get even with someone they feel hateful towards. THAT should be punishable!!!

TruthTeller wrote on Jul 15, 2009 8:31 AM:

To Just Me, get a clue it happens alot. It happened to my son as a matter of fact a private investigator showed up and said the same girl was doing the same thing to someone else. And it wasn't just the second time either. Some women have issues which really messes it up for the ones it really happens too. I heard it was his ex, well hello. Why wouldn't his DNA be there if 3 other guys was. Oh let me guess he's special.

Just Me wrote on Jul 14, 2009 2:34 PM:

In response to "Fed Up", Why the hostility, Oh wise one that you purport to be? I was just pointing out the fact to you that in the article it stated there was DNA found, when in your comment you yourself said there was none! So now that you have educated me on all this DNA stuff, I will peacefully go back to watching "CSI" and you can go back doing what ever it is that you do! Thank you though for all the info!

orecoast007 wrote on Jul 14, 2009 1:46 PM:

I agree with DONNA the woman who accused him should be held liable as well for ruining his "LIFE".. CAREFREE HIGHWAY, You would be the first one to "CALL" the cops if someone commited a crime against you...

WOW wrote on Jul 14, 2009 11:06 AM:

You're all a bunch of idiots. We don't know the victim's side of things, so how do you all know she filed a false report? Rape cases are the hardest cases because if, heaven forbid, the victim had consensual sex beforehand, the case is harder to prosecute. Rape often goes unreported. Why would any victim of rape in this county come forward with what they honestly think happened to them when you all are going to cry foul?

amadeus wrote on Jul 14, 2009 9:30 AM:

Dear Fed up. learn to read.
I think that false accusers should have to register just like a sex offender, that way we innocent people can know where they live and be able to avoid them.

GLUTTON4PUNISHMENT wrote on Jul 14, 2009 7:59 AM:

I've been in simular circumstances in the past where the female in my life has been abusive to me,then called the police and had me arrested for assault. After being examined during the stripsearch in Coos county jail,the officers viewed my body full of bruises,yet still made no comment.The real problem in this state and county is the unpresedented power women have been given concerning their rights.If they get angry with someone,all they have to do is pick up the phone to ruin someone's life.Sadly 10 years later I find myself in the exact same position with my partner of five years.While she is now relaxing with no worries in a women's shelter,I am fighting for my future in a severely sexually-biased court system.But as far as the community is concerned,the false-picture of a batterer is the image prosecutors will paint of me, and most people take their word for it.What's happened here?Is noone really culpable for their actions,or just men?

carefree highway wrote on Jul 13, 2009 10:45 PM:

Mr. Rudder also has a lawsuit against local police for abuse in another case.
He was stopped while walking. Joe presented ID and was cleared by ID radio check. The police then forced themselves on him to illegally search him. Nothing found. Yeah, for all you suckers, keep expecting and believing the police, DA and judges to do the right thing. Anyone ever heard of Judas Iscariot?

ononomous wrote on Jul 13, 2009 8:19 PM:

Now that Mr. Rudder's name has been drug through the mud, and he has been confined to the county "lodge", and probably lost his job....and who knows what else, is this woman going to be held responsible for filing a false report to the police? She should be held accountable, since apparently she is a mattress thrasher in the first degree!

Fed Up wrote on Jul 13, 2009 3:07 PM:

I love when the defense throws out there that their client passed a polygraph, yet would scream bloody murder if they were ever to permit poly results in open court.

Fed Up wrote on Jul 13, 2009 3:05 PM:

In response to "Just Me,"

If you were as educated on the subject as you purport to be, then I'm sure you know the crime lab routinely identifies DNA in rape cases up to 84 hours old (used to be 72 hours). So unless she claims to be the virgin mary and screams rape, her partners over the past 3 to 4 days would be included in the profile. Again, the mere LACK of DNA only means that his DNA was not located. It does not prove anything. Go back to watching CSI so that your sense of reality can be further warped.

With your theory, if you were raped and a condom was worn, but only your husband/wifes DNA was located, then you must be lying.

donna wrote on Jul 13, 2009 2:09 PM:

I think if showering were the case dna of 3 other men would not be found. HOw could someone try to ruin anothers life in this way?

TruthTeller wrote on Jul 13, 2009 2:04 PM:

To Coquillian, you are so out to lunch, you must work at the courthouse. It's people like you that will make it hard for people like Joe to move on. You think everyone is quilty and you put yourself so high on a pedestal. Someday somethings going to happen to you or someone you love and boy will we watch you sniffel then.

Q wrote on Jul 13, 2009 1:10 PM:

To Fed Up -

What about the fact that she had the DNA of, not one, but THREE men, all of which are NOT Mr. Rudder, do you not understand???

Now, let's just say she WAS raped. It wasn't Mr. Rudder, I can tell you that. But there are possibly three jerks out there who will, most likely, do it again...

And if she WASN'T raped? Disgusting. Perhaps they should do a STD screen on her and see what they find. I'm sure those three guys, whomever they are, would be interested to know the results on that.

Not to say that legitimate rape doesn't occur every day (it does)... but please... it sounds to me like this woman is another one of those that gives Coos County a bad name for sexual promiscuity and high rates of STD's.

Just ask the local health clinic. They'll be more than willing to share the statistics, which by the way, are WAY higher than the national average.

COQUILLIAN wrote on Jul 13, 2009 12:50 PM:

Fed up has it right. And why are all of you assuming that "cuff happy cops" want to arrest people that are innocent? They acted on the victim's statement. Do you want all sex abuse cases to be determined by DNA? Not possible if the victim showers or bathes, the suspect wears a condom or does not ejaculate. Just no presence of DNA does not mean someone is innocent.

donna wrote on Jul 13, 2009 11:45 AM:

I understand everyone of the people doing their jobs. I only blame the lady who said he did this to her but had everyones dna but his on her. False police reports should be the least she should get.

Jackie Moon wrote on Jul 13, 2009 10:29 AM:

In response to Fed Up, Joe Rudder is absolutely innocent of this horrible crime he was accused of doing. Not because I am his friend (because I'm not) but because I personally knew the girl (or thought I did) and if anyone could see her actions and the things she is doing now, you would know that he is innocent too. It's disgusting and a travesty what has happened to this man, he will NEVER escape this. To personally set out to destroy this man is sick and disgusting. It just goes to show you how heartless the world can truly be.

standupgal wrote on Jul 13, 2009 10:18 AM:

AMEN to carefree highway. The coach is fighting the same corruption. NO evidence, lies by the accuser and the cops, a passed polygrahp test, and heresay evidence, and they still won't drop the case. Where does she go to get her life back when the charges are dismissed?? DO NOT TRUST THE COPS NOR THE DA!!!!!

CBMommy wrote on Jul 13, 2009 10:14 AM:

TO FED UP!! So they found the DNA of 3 other people inside of her, and you want to bash on this man and suggest he used a condom when he "raped" her? Read his comment on here, she cleaned his place out and took all of his belongings while he was sitting in jail for a crime he did not commit, 3 unknown donors for the DNA found in her...you fill in the blanks and apologize for pointing a finger at the real victim here...

Just Me wrote on Jul 13, 2009 8:48 AM:

To Fed Up; you need to re-read this story, evidently you missed the part where they stated that DNA WAS found, from three other men, none of them being from Joe! So, I would assume that, that would be your "smoking gun evidence", wouldn't you? This woman needs to be held responsible for what she has done to this man and an example set that woman cannot do this to men! She needs a good jail sentence! Joe, I hope that your life can somehow go on after this, and that you have a good support system to help you.

carefree highway wrote on Jul 12, 2009 8:33 PM:

I know Joe, worked with him. Joe, stay away from people like this woman and their life styles. I experienced corrupt cops, D.A and Judges last year. They took a family problem and made it WORSE. Other families confirm the same experiences. NEVER EVER TRUST YOUR LIFE OR FAMILY TO THESE PEOPLE TO DO THE RIGHT THING.

donna wrote on Jul 12, 2009 8:25 PM:

This woman should be in the paper and arrested. Why would anyone do this to anybody? There is no reason.

Jethro wrote on Jul 12, 2009 4:12 PM:

I would love to see the woman who falsely accused me of assault go to jail, but it ain't gonna happen. While I was in jail for several weeks, she cleaned my home out of EVERYTHING, leaving only a chair, and presumably sold my things for dope. I will never get retribution for the loss of my possessions and my well-paying job.

Fed Up wrote on Jul 12, 2009 2:14 PM:

I know nothing of this case, but I just find it interesting that all of you take the above article to mean that, for a fact, this man is innocent and did not rape her... lol. Maybe he is innocent, maybe his is not, I don't know. What I do know, is that the mere absence of DNA means nothing except for the obvious.. that they did not find DNA. Obviously this makes it difficult to prosecute because there is not the "smoking gun" evidence. No ejaculation, condom, and a variety of other things often means no DNA to be found.

Retired wrote on Jul 12, 2009 2:04 PM:

carefree highway-sounds like you have been a guest of the gray bar hotel yourself a time or two.
I think the woman involved should be charged with filing a false report or something and that her name and photo should be published. The damage done to Mr Rudder can't be undone. He might look at a civil lawsuit against her, but no matter what happens that blot will hang over him and his family.

To blame the officials involved is really stupid.They acted on the woman's statement that she knew the man. I would imagine if she were your daughter, wife or whatever you would want them to act in the same way.

Too bad the DNA tests didn't come back sooner-but I understand the crime lab is WAY behind in processing anything at all.

carefree highway wrote on Jul 12, 2009 8:23 AM:

Who gives Joe back those days of life taken away by a corrupt accuser and corrupt-incompetent D.A. ?? Typical Coos County, lock up the innocent for a few months and give the guilty a few days of rest in jail before being released. Now you know why the jails are full. Cuff happy cops, stupid D.A and two screwball judges.

donna wrote on Jul 11, 2009 4:04 PM:

Well I hope the girl who accused him of this gets arrested herself. You can not do this to people. This could have ruined his life. How selfish can this woman be?

Mr E wrote on Jul 11, 2009 1:49 PM:

I do not support punishing an accuser in cases where a person "may or may not have" raped a victim, and I support major punishment for rapists. However, when a person is accused directly by a victim (and the victim claims that a person is, beyond a shadow of a doubt, guilty), and it is proven that the victim was lying, there should be punishment involved.

I don't know enough to say this woman was "lying" about the individual who was assaulted, but now this man will be FOREVER tarnished by this accusation. He might as well pack up and leave town, because he's "marked" now.
I mean, at this juncture, wouldn't it be "fair" to bring to light the name of the rape victim? Turn about's fair play.

It's sad... our media should NEVER publish the names of the accused, until they are found guilty in a court of law. Especially when rape, molestation, and other accusations are hurled. But that would ask for the nation to have responsible journalists, instead of people who are just interested in making a quick buck.

Just Me wrote on Jul 11, 2009 9:23 AM:

WOW! This poor man has been sitting in CCJ since April 30th on 3 million dollars bail for this supposed farse! Why isn't this womans name printed in this article now that the truth is out? She deserves to be outed the way she did this to this man! All I can say is thank God for DNA! What a horrible, horrible thing to do to another person! Shame on you whoever you are!

standupgal wrote on Jul 11, 2009 8:59 AM:

Lucky for Mr. Rudder that there was DNA evidence because by publishing his name in connection with the "rape", he has had his reputation ruined. Where does he go to get it back???


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