Plea deal expected in botched Ore. prosecution
By Associated PressEUGENE, Ore. (AP) — A plea deal is expected in the case of a young man who pleaded guilty to rape charges before an error in court documents was discovered showing that a grand jury failed to indict him. David Lee Simmons pleaded guilty to felony rape and sodomy charges when he was 18. The case involved his relationship with a 14-year-old girl when Simmons was 17. On the indictment form, however, a Jefferson County grand jury foreman had checked the box that said no indictment was returned. The case went to trial before the prosecutor, a defense attorney or the judge noticed. After the error was discovered, prosecutors filed a new case, this time charging Simmons with misdemeanors. A Lane County judge has refused to dismiss those charges but has arranged a special plea deal hearing to end the legal confusion and allow Simmons to challenge the new charges in an appeals court. The hearing is Feb. 5. Simmons, now 21, lives in Texas. (Copyright 2009 The Associated Press.) |
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