Judge Sets Bail for Convict in Recanted Rape Case
A man appealing his conviction for raping a woman who now says she consented to having sex with him can go free on $100,000 bail while he seeks a new trial, a judge ruled Tuesday.
John Vasey, 58, of Burlingame appeared before San Mateo County Superior Court Judge Thomas McGinn Smith, who set the bail.
Vasey went to jail Sept. 13, when Smith ordered him to begin serving a six-year prison term for raping Sulieti Malimali in 1980, despite her claim that she willingly had sex with Vasey. After a two-day hearing, the judge decided that he did not believe the woman’s recantation and refused to grant Vasey a new trial or allow him to remain free while appealing.
Last week, however, the state’s 1st District Court of Appeal ordered Smith to set bail for Vasey while he appeals.
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