Oregon Public Broadcasting

A state judge in Eugene Tuesday said he wants to move quickly in the case of David Simmons.

Simmons’ error-riddled trial came to light two years ago in Madras.

Simmons was 17 then, and pled guilty to felony rape charges for having sex with a 14-year-old girl. He was ordered to register as a sex offender.

It was discovered later that the grand jury had actually found insufficient evidence to charge Simmons.

The first trial was ruled a ‘legal nullity’. Now the state has charged Simmons with a misdemeanor.

Simmons’ lawyer Steve Richkind is asking the judge to dismiss the new charges. He wants the government officials who prosecuted the case originally to appear in court.

Steve Richkind: “And the judge ruled that he didn’t want to hear any testimony. He wants to just make a ruling based on the papers that are before him. And I think there is ample and sufficient evidence in the papers that are before Judge Rasmussen, to allow him to conclude that due process was violated.”

Judge Karsten Rasmussen said he would decide in January whether to dismiss the misdemeanor rape case.