KISSIMMEE, Fla. – A judge on Tuesday dismissed testimony from a new witness who said he falsely identified inmate Michael Rigby in a 2008 attempted robbery, leaving Rigby’s conviction in place despite the witness’s recantation.
Jonathon McCalister told the court he lied when he previously identified Rigby as the man who tried to rob a woman at a CVS in Kissimmee.
“I knew that wasn’t the man that did it,” McCalister said. “Why didn’t you come forward before? Because I was afraid of the police, I was afraid of what would happen. I mean, I was still young at that time; I didn’t have the knowledge that I have now.”
Rigby, who escaped from the maximum-security Osceola County Jail in 2010 by removing a toilet and crawling through plumbing, has long maintained his innocence. He was recaptured after a lengthy manhunt and returned to custody. He has served about 15 years of a 22-year sentence on the attempted robbery charge.
McCalister said he decided to come forward after reading parts of a book Rigby wrote about his case. He said he purchased “The Kingdom of Love” on Amazon, and it prompted him to come forward with the truth. Rigby, appearing at the hearing, expressed surprise at the recantation.
[BELOW: Man who escaped Osceola County jail in 2010 seeks release after witness recants]
“He was 100% accusing me for the greater part of the last decade and a half. I was convinced that McCalister was accusing me, and I didn’t have the slightest inclination that he would recant the way how he did,” Rigby said.
The judge, however, found the new testimony not credible.
“I don’t find that the evidence is credible,” the judge said from the bench.
Rigby’s mother voiced belief in the witness’s recantation: “I thought he was credible. Why would he come after 15 years to say he’s the one, that my son has not committed that crime? Why after 15 years?”
By contrast, members of the victim’s family said they were relieved by the judge’s ruling.
“I’m just happy with what the judge said. I’m fine, I’m happy. That’s all I can say,” one family member told News 6.
Rigby’s family said they plan to pursue an appeal.