Grand Juror Spots Conviction Error in Unusual Oregon Case
A former Oregon man who was jailed for sex abuse, but never actually indicted is suing state authorities for $3.5 million.
The federal suit filed in Portland arises from an unusual case involving David Lee Simmons, who was jailed for 30 days in 2006 after pleading guilty to felony charges of rape and sodomy. He also was ordered to register as a sex offender, the Portland Oregonian reports.
But according to the paper, after Simmons was released it was revealed that he was never actually indicted, a point his lawyer, the prosecutor and the judge all overlooked.
Indeed, the grand jury had found there was insufficient evidence against Simmons and marked his indictment as “not a true bill.”
The Oregonian reports that the sex abuse charges stemmed from a consensual relationship Simmons, then 17, was having with a 14-year-old. He was arrested after her parents complained and Simmons was then 18 and the girl was 15.
The error was first noticed by a grand juror, who read about Simmons’ release and notified the prosecutor. The case was then vacated and became a “legal nullity.”
But instead of an apology, Simmons, who now lives in Texas, learned he was facing new related charges, this time all misdemeanors.
“My thought at the time would be, they would apologize to him and pay him some money,” the paper quotes Laura Graser, a Portland criminal defense lawyer familiar with the case. “I can’t believe they’re prosecuting him again.”
Simmons’ suit seeks to stop the prosecution on cites double jeopardy grounds, and alleges due process violations.
