Oregon Public Broadcasting

The state offered a deal Monday to a Madras man who was wrongly jailed, for a crime that should never have been prosecuted.

Tuesday, an attorney in the case promised to appeal the jail time to the Supreme Court, if necessary. Central Oregon correspondent Ethan Lindsey has an update.

After a state judge refused to dismiss the misdemeanor charges against David Simmons, Simmons’ attorney produced a plea deal.

Under the plea, next month Simmons will admit to one charge of harassment. The state also agreed to allow Simmons to have his record expunged.

And, says Simmons’ attorney Steve Richkind, the deal doesn’t block a federal appeal he’s working on.

That civil case seeks $3.5 million in damages.

Steve Richkind: “It’s disappointing that the Judicial Department continues to circle the wagons. But on the other hand, I’m excited. I get to present these issues to the 9th circuit court of appeals, and I also get to present these issues to the Oregon court of appeals.”

In 2006, David Simmons was charged with felony rape of an underage classmate. He was convicted and sentenced to 30 days in prison.

But the trial should never have happened – a grand jury had directed the prosecutors to drop the case, and prosecutors hadn’t read the decision.