Michael Orbino, who was cleared of a hate crime in Oct 2018, is being held in the Ontario County Jail on rape charges. Orbino sent a letter to Messenger Post Media arguing that he is being set up as a result of the outcome of his October trial.

CANANDAIGUA — A man being held in the Ontario County Jail on rape charges is claiming that he’s being set up.

Michael Orbino, 42, is being held on charges of first-degree rape, second-degree kidnapping and first-degree criminal sex act. In October 2018 Orbino was previously found not guilty on charges of committing a hate crime. He said he feels it’s retribution for his courtroom victory.

“So I’m in jail being held on nothing but hearsay accusations…My civil rights are in violation and I’m being illegally held,” stated Orbino in his jailhouse letter to Messenger Post Media. “She saw me coming out of court on TV. Cleared of hate crime and says that’s the guy who raped her in 2008 over 10 years ago."

Initially, Orbino was charged with making terroristic threats at Canandaigua's Baker Park, accused of screaming racial slurs at two teenage girls. The terroristic-threats charges were dismissed prior to the trial. During Orbino’s hate crime trial in October 2018, his mental stability was at the heart of the case, as an expert testified that he suffered from Coprolalia, where a person may uncontrollably blurt out. Prior to his hate crime trial Orbino was familiar to local law enforcement as a result of his lengthy criminal history.

According to Orbino, the accuser states the incident happened behind Byrne Dairy and at the time of the incident would not file a report with police.

“The hospital did a rape kit on her and found nothing, she had no mark on her not a scratch on her body inside and out. She was tested for her pills and drugs and nothing was in her system. So the rape kit was destroyed, she was never raped or harmed in any way or kidnapped anywhere,” stated Orbino.

Canandaigua Police Chief Stephen Hedworth was presented a copy of Orbino’s letter.

"As you know this case is pending in Ontario County Court, and in order to respect that process and the interests of all parties involved, I don’t have an official comment at this time,” Hedworth stated in an email.

Orbino is due back in court next week with his attorney Carrie Bleakley from the Ontario County Conflict Defender's Office.