MT. CLEMENS (WWJ) – The Macomb County Prosecutor heads to court Thursday in an effort to stop the scheduled release of a convicted child rapist.

Prosecutor Eric Smith says 53-year-old Richard McBrayer, who was convicted in 1994 of raping his then 12-year-old step-daughter over a two year period, is supposed to be released on February 22. Smith tells WWJ that the prosecutor’s office has filed an emergency motion requesting that McBrayer stay in prison while the appeal is heard.

“This defendant raped a 10 to 12 year old girl for nearly two years. It was his step daughter, [he] raped her nearly every day for almost two years. In 1994, [he] was sentenced to 20 to 40 years, but, here at 17 years later, is being released because of good time credits,” says Smith.

Smith also says that very recently a prison evaluator noted that the defendant blamed the young victim and minimized his own actions. He adds, “A high percentage of people who are released on parole commit crimes and get right back. And while this guy was granted parole, his actions behind bars were not exemplary.”

Prosecutor Smith says this is not a crime they want to see happen again. “Everyone deserves a second chance, and if they get out and become productive members of society I think it’s good for everybody. But, the fact remains that child rapist, of all criminals, are the least likely to recover. They have the highest rate of recidivism,” says Smith.

A hearing on the prosecutor’s request will be held Thursday morning in Macomb County Circuit Court.

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