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Attempt to withdraw guilty plea is denied

A Warren man who raped a woman in front of her child had a request to withdraw his guilty plea denied just three days before sentencing.

Kameron M.J. Osborne, 22, pled guilty on June 25 to rape forcible compulsion — which carries a 25 year maximum sentence — and endangering the welfare of a child.

Osborne took the stand during a hearing on Monday.

“I didn’t see any other option” when he was asked why he took the plea.

He tried to offer some new information but it was struck as hearsay.

First Assistant District Attorney Cody Brown noted that Osborne admitted to the rape to the police and in court when making the plea.

Osborne said he “blacked out that night” and didn’t remember the child being there.

But through Brown’s cross examination, Osborne said he wanted to withdraw his plea because he does not want to register as a sexual offender for life.

Osborne’s attorney, Assistant Public Defender Mike Kitay, said his client “does have a right to his day in court” and should be given the chance to fight the registration requirement.

According to the affidavit of probable cause, Osborne was in the home of a woman he knew at about 8:30 p.m. on Feb. 17 and that the two argued.

Police said the victim reported that Osborne threw her on the bed, held her down, and raped her.

The victim reported kicking, pushing, hitting, and yelling at Osborne to get him to stop, according to the affidavit.

Additional details surrounding the case were revealed when Osborne attempted to have his bail reduced several months ago.

District Attorney Rob Greene said during that hearing that the victim told police Osborne threatened her children in order to gain her compliance.

“‘He grabbed me and said, if I don’t stop, ‘I’m going to hurt (the child),'” Greene said.

The victim told police Osborne then called the child, who was close by and said, “Come here. Whatever happens is mommy’s fault,” according to Greene. The victim then stopped resisting.

Hammond said on Tuesday that an assertion of innocence is not enough to withdraw a plea and that the motion filed did not assert innocence “in any way, shape or form today” and added that an attempt to “present some kind of second hand hearsay” which also is insufficient.

He indicated that they must “keep in mind” that the Commonwealth’s case is “strong, to put it mildly” citing consistency between the victim’s testimony and Osborne’s admission.

Hammond said defendants often “regret” their plea when sentencing approaches – Osborne is scheduled to be sentenced on Friday. “When you enter a plea, you’re bound by that plea.”

Just changing the plea is “not the way it works,” Hammond said in denying the motion.

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