|
Wrongly
Convicted Database
Record
|
Years
Imprisoned:
|
|
Charge: |
Rape and Sodomy |
Sentence: |
30 days in jail |
Year Convicted: |
2006 |
Year
Cleared:
|
2006 |
Location
of Trial:
|
Oregon |
Result:
|
Judicially Exonerated Released |
Summary
of Case:
|
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 David Lee Simmons in September 2005. 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 Found? |
|
Age
When Imprisoned:
|
18 |
Age
When Released:
|
18 |
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 |
Information
Source 3:
|
|
Information
Location 3:
|
|
Information
Source 4:
|
|
Information
Location 4:
|
|
Information
Source 5:
|
|
Information
Location 5:
|
|
Ethnicity/Skin:
|
White |
Book
About
Case:
|
|
Book
Information:
|
|
Book About Case (2): |
|
Book Information (2): |
|
Movie About Case: |
|
Comments About Case: |
|
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org