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Judge tosses Orbino’s kidnapping charge, rape charges being reviewed

A man who is no stranger to the Ontario County Courthouse had one of his three criminal charges dismissed by Judge Craig Doran based upon motions made by his attorney.

Back in January, Michael Orbino was charged with first-degree rape, first-degree criminal sex act and second-degree kidnapping.

The kidnapping charge was dismissed Monday due to the statue of limitations having expired. Doran reserved ruling on the dismissal on the top two counts still in play.

“Based on the stipulation of counsel, count three is dismissed,” said Doran.

The charges stem from an alleged incident that dates back to 2008 when a woman claimed she was raped by Orbino, who allegedly dragged her behind the old Byrne Dairy on South Main Street in Canandaigua and raped her.

Orbino has penned several letters to the Daily Messenger while incarcerated at the Ontario County Jail.

FROM ORBINO’S LETTER: “This girls medical records all ready show and prove this girl was never raped or kidnapped or harmed by anyone when she went to Thompson Hospital. How does the D.A. tell grand jury they have D.N.A. then afterwards say they made a mistake and there isn’t DNA?”

Orbino further states the rape kit was destroyed in 2008.

Orbino’s attorney Carrie Bleakley submitted motions for dismissal on the rape and criminal sex act charges as well, citing insufficient grand jury minutes. Doran reserved his ruling pending grand jury transcripts.

This past October, Orbino was found “not guilty” by an Ontario County Jury of committing a hate crime but he was found guilty of harassment.

FROM ORBINO’S LETTER: “I was told that If I wold have took a plea deal on the hate crime they would have never braught a rape charge up?”

Orbino has been held at the Ontario County Jail on no bail since Jan. 2.

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