Wrongly Convicted Database Record

 

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David Lee Simmons

 

Charge:

Child/Minor Sex Abuse (incl. molestation)

Sentence:

30 days in jail

Years Imprisoned:

Year Crime:

2005

Year Convicted:

2006

Year Cleared:

2006

U.S. State or Country of Crime:

Oregon

County or Region of Crime:

Jefferson

City of Crime:

Madras

Result:

Judicially Exonerated Released

Summary of Case:

"David Lee Simmons wrongly pled guilty to one count each of raping and sodomizing his 14-year-old girlfriend who consensually had sex with the then 17-year-old Simmons in September 2005. David Simmons pled guilty on the advice of his attorney to avoid a sentence of many years in prison if convicted after a jury trial. Simmons was sentenced to 30 days in jail for the two felony sex convictions that required him to register as a sex offender for life. When the Madras, Oregon newspaper ran a story about Simmons' conviction the grand jury foreman read it and contacted the Jefferson County prosecutor. The jury foreman told the prosecutor that the grand jury had declined to indict Simmons.and marked “Not a True Bill” on the indictment. On October 26, 2006 a Jefferson County judge vacated Simmons' convictions on the basis he had never been charged with a crime."

Conviction Caused By:

"Defense lawyer, prosecutor and judge didn't notice that the grand jury declined to indict Simmons."

Innocence Proved By:

"On October 26, 2006 a Jefferson County judge vacated Simmons' convictions on the basis he had never been charged with a crime."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

18

Age When Released:

18

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Case of trysts, twists lands in local court, By Karen McCowan (staff writer), The Register-Guard (Eugene, OR), December 17, 2008"

Information Location 1:

http://www.registerguard.com/csp/cms/sites/web/news/4364828-35/story.csp

Information Source 2:

"Tangled case of David Lee Simmons' case avoids another twist, By Matthew Preusch, The Oregonian (Portland), December 17, 2008"

Information Location 2:

http://www.oregonlive.com/news/oregonian/index.ssf?/base/news/122948432570700.xml&coll=7

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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