A former Western Maryland College athlete and honor student, who was convicted last year of lying to police about being raped, will have the conviction wiped from her criminal record, a Carroll Circuit Court judge ruled yesterday.
Judge Luke K. Burns Jr. granted Amye Lynne Walker's request for probation before judgment because she "should not have a criminal record," the judge said.
The judge also agreed to allow Ms. Walker, 23, of Calvert County, to serve the remaining 2 1/2 years of her three-year probation unsupervised. She was given probation on the condition that she pay $3,000 restitution to the Rape Crisis Intervention Service of Carroll County. As soon as the money is paid, her probation will end, and the misdemeanor false statement conviction will be purged from her record.
Ms. Walker, a former all-star soccer player for the Green Terrors, pleaded not guilty to the charge last July, but agreed to allow prosecutors to read a statement of facts with enough evidence to convict her. In addition to the restitution, Judge Burns imposed a suspended six-month prison term on Ms. Walker.
Assistant State's Attorney Barton F. Walker III, who prosecuted the case, did not object to the probation before judgment, but he adamantly opposed a defense request to suspend the restitution to the rape counseling agency.
"The defendant has shown that she is a capable, responsible person, but, you will recall, the $3,000 payment was a main part of the plea negotiation," Mr. Walker told the judge. "To reduce that would take away from the state what it bargained for in good faith. . . . I would like to see her get on with her life and be successful, but she should keep making regular payments."
Mr. Walker -- who is no relation to the defendant -- said the state initially sought more than $20,000 restitution, including the cost of prosecution, in what he termed an "extremely expensive case."
Assistant Public Defender Judson K. Larrimore, who represented Ms. Walker, argued against the restitution payment. He said the woman -- who is newly married and facing an "unknown tax liability" -- needs to get a clean start.
"In spite of this case, she's going along in the right direction," Mr. Larrimore said.
JoAnne Hare, executive director of the rape crisis agency, said yesterday that she was pleased Judge Burns kept the restitution intact.
Ms. Walker told Westminster police in February 1992 that she had been raped at knifepoint by an unknown man in her apartment on the Western Maryland College campus.
Shortly after the alleged attack, she told police that threatening letters had been sent to her at her campus address.
Police initially thought the letters were from her attacker.
The FBI became involved in the case when Ms. Walker said she had continued to receive letters through her post office box in Calvert County after she graduated from Western Maryland College.
Ms. Walker eventually admitted writing some of the letters herself, but still maintains that she was raped.