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Aug-05-2010 06:57
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Evidence Shows Oregon Inmate Was Falsely Convicted
Tim King Salem-News.comDNA clears African-American inmate serving 19-year sentence for sex abuse.
 Terrence Kimble is serving a 19-year sentence for a sex abuse conviction, but the DNA evidence cleared him, what gives? |
(SALEM, Ore.) - Documents in the case of an African-American man serving a 19-year sentence for sex crimes against a child, spell out what may be one of Oregon's more significant miscarriages of justice.
38-year old Terrence Kimble's story is very hard to believe, yet it is a fact that this man has had to live with for almost ten years while incarcerated in the Oregon State Penitentiary in Salem. From the beginning of his ordeal, Kimble has been denied a lie detector test.
At this point the whole thing defies explanation, because the DNA didn't match.
- Terrence Kimble's statement at trial
How a prosecutor in Lane County, Oregon was able to create a case with no witnesses, a denial of the crime that began with the victim and included an aunt and uncle, who is a psychologist; blood relatives of the girl, is perplexing.
Add to that an emergency room doctor's examination of the alleged 13-year old victim concluding that the girl had not engaged in any sexual activity, and the fact that she was in the presence of family members exhibiting normal behavior at the time of the alleged occurrence, and the fact that a man was sent to prison for 19 years becomes all the more unbelievable, yet it happened, and for Terrence Kimble, it continues every day of his life.
The crime Kimble is incarcerated for places him under the worst imaginable conditions. Questions now surround instructions provided by the judge in the case, as well as possible motives of the prosecutor, who was obviously very intense in his desire to convict Kimble - who never wavered from his position as that of an innocent man - of first-degree Rape.
Lorna Jackson, aunt of the alleged victim, offered this testimony at trial:
Q: Prior to that instance when you saw her on that Friday the 8th, was there anything about her demeanor or her appearance that alerted you that something wrong had happened?
A: No. No. There was nothing.
Ezekiel Jackson, an Industrial Psychologist, is the uncle of Tracy Hoffman. Hoffman is the mother of the alleged victim, Danielle McDaniel, who was 13 at the time and one of three siblings. Ezekiel Jackson and his wife Lorna Jackson were the reason Kimble and Hoffman were in Oregon with their children.
Ezekiel Jackson testified:
Q: At some point in time you learned that there was some trouble with Terrence and one of the daughters, some allegations that were made. Is that right?
A: When? What allegations?
Q: Danielle made an allegation against Mr. Kimble.
A: Such as?
Q: That he had sexually abused her.
A: It didn't happen.
Q: Mr. Jackson, I may have missed -- I may have misunderstood what you said. But are you saying that this couldn't have happened because Danielle was with you all day when it was supposed to have happened?
A: No. Couldn't have happened because Danielle, myself and Tracy talked about this incident and it was stated that it did not happen.
This discussion, according to Mr. Jackson, took place in front of Eugene Police officers there to investigate the allegation.
Kimble said in court, "I can't understand how I was found guilty of sex crimes with no physical or solid evidence. I was found guilty on hearsay.
"From just another African-American who has been railroaded by Lane County, Oregon, no matter how much time I'm sentenced to serve I'm going to continued to maintain my innocence for the crime for which I was found guilty and the crimes I was also accused of. I will continue to fight for my freedom no matter how much time I get or no matter how long it takes. I feel like a political prisoner here in Eugene, Oregon."
Judge Karsten Rasmussen, who was a personal injury lawyer prior to becoming a judge, said: "Mr. Kimble, the jury found what it found, and I confess to you that I would have found you guilty of the more serious crimes in all probability. I found the testimony of the victim in this case, a now 14-year old African-American girl, to be some of the most compelling testimony that I've ever heard in the 20 years or so I've been in this business. I found her completely and totally believable."
Yet the testimony seems simply to not exist.
Daniel D. Dietel M.D. at Eugene's Sacred Heart Medical Center wrote:
"The patient denies any injuries."
"History obtained by the nursing staff indicates no previous history of pelvic examination or vaginal intercourse."
"No bruising and no injuries are noted. Vaginal introitus was a normal appearance."
"Quiet speech, answer questions with short answers initially. Little eye contact initially, improved throughout interview. OCC smiling when approp. Approp. behavior for age."
The girl's blood pressure was 109 over 70, very low.
Coleman says there is one thing very clear, "He is built like a horse, if that man had sex with that girl he would have seriously hurt her. I'm telling you, I worked the shower room and I can tell you a few things about that. 200 to 400 men in the shower at one time."
The DNA states that there is no connection between Terrence Kimble and the 13-year old girl, Danielle McDaniel. The girl initially claimed having been raped, but then a medical team found no evidence of a sex act. The girl told the doctor she was not raped, she told her aunt and uncle she was not raped, and her demeanor did not reflect that of a person who had been violently violated.
William Coleman says he looks forward to seeing 'Mr. Kimble' emerge from his ordeal as a free man very soon.
Watch the special Salem-News.com report by Tim King |
A great deal has been written about false convictions in America. The good news is that the advent of DNA to positively pinpoint details in police investigations, has allowed law enforcement to enter a new era; scientifically identifying those tied to crime scenes, and at the same time eliminating those who were not.
That is, unless you happen to be in Lane County, Oregon.
Terrence Kimble was tried and convicted of sex abuse against a child ten years ago. The girl was 13 years old at the time of the alleged offense. Former prison guard William Coleman knew Kimble in the Oregon prison system.
Coleman said, "Inmate Kimble is in prison on false accusations. Criminal charges that were brought against him that were false. One thousand percent false, and we have the documents to prove that, and he should be released any time soon, I'm pushing for that."
The smoking gun in this case is one that many would consider indisputable; a report from the Oregon State Police Forensic Laboratory clearly stating that there is not a DNA match.
The prosecutor, Robert Lane, tried very hard to convict Kimble of first-degree Rape. The judge clearly states on the record that he would probably have found Kimble guilty of the more serious crime. Again: first-degree Rape. The doctor who examined the victim, 13-year old Danielle McDaniel, said there had been no sexual contact. In fact it was stated that the girl had never had sex at all.
"It's very outrageous", Coleman said. "It just goes to show you what is going on in the state of Oregon. It has been going on for years, and the justice department is allowing this to happen. These things need to be reviewed, not just by the court system, but by the governor; by people in power that have the power to make these rulings when the person is completely one thousand percent innocent."
I ask, "And how long has he been incarcerated?"
"He's been incarcerated around ten years now, about ten years, for a crime he didn't commit."
Kimble was convicted in Eugene, Oregon, in a Lane County court, where verdicts against black black inmates sometimes leave many questions.
We covered the case of Darrel Sky Walker, an African-American student convicted in the death of a Portland judge's son who died as a result of a fistfight. Key witnesses said a white man named JD Beall threw the fatal punch, but Walker was convicted.
Coleman says Terrence Kimble is an innocent man.
I asked Coleman, "And when you worked at the prison, you had a feeling about this guy didn't you? That he might not be guilty?"
He replied, "I felt that he wasn't guilty for the crime they claimed happened. I didn't see that in him by just observing him, I didn't see that, but come to find out now that this guy is one thousand percent innocent, it's crazy. It is just unbelievable that the system would stoop so low to bring this man down, but then they brought me down the same way, there is nothing surprising."
The story is still coming together. It seems clear that the girl did make an initial accusation of rape against Kimble and the accusation involved a knife and torn panties.
But no torn panties were produced at the trial, and the medical reports stated that the girl had not engaged in sexual activity.
Coleman responded by saying, "So the rebellious child decided she wanted him out of her life because she decided to, he's the man of the house and he said, 'No, you stay home' or, 'No, you can't go nowhere' - so she got with her friends and they collaborated this bogus situation about Kimble and the state bought the whole situation."
I stated, "Even though the young lady bringing the case, after she had been talked to by the doctor said that there had been basically no act."
"She said there had been no sexual contact, over and over and over, but the state said, 'yes there has' - but documents prove that nothing happened," Coleman answered.
William Coleman is a survivor. He reported racism as an Oregon prison guard and discovered huge levels of corruption.
I clarified with William, "You were charged with 15 counts of smuggling cigarettes and this is the gentleman who went in... talk to me about a couple of the things he revealed during your court case."
He replied, "Well in that court case, inmate Kimble, he let the world know, he let the jury know, that the state police and other state officials were pushing briberies out, trying to get the inmates to buy, not buy but give them TV's and give them things for pleasure, to lie on me. He let the court know that, he let the court know that they were trying to get him to lie on me about other drugs that were brought into the institution. He let the jury know, and the court know that their goal was to destroy me with lies and slander, and that's just what he did."
I asked Coleman to confirm his amazing success fighting the case against him, "And the outcome of that trial was a unanimous not guilty verdict on all counts for you."
He replied, "Yes, and thanks to Kimble's testimony, I do believe it helped, he helped show the corruption on a high level, from state police, from state officials, the IA (internal affairs); all of them that collaborated their ideas together to try and destroy me- only because I blew the whistle on hate crimes and corruption in the prison system. And that was their retaliation, to destroy me, and discredit me, and they did that."
It was the DNA evidence, combined with testimony from the 13-year-old girl's family who testified on behalf of Kimble, that convinced Coleman.
"When I first started reading about Kimble's innocence, it blew me away, because of the injustice that is in this system today. From my experience, and just to see that inmate Kimble is in the same situation, so I just think that it is time to let Kimble out of this prison system."
Coleman believes Kimble is likely the reason he didn't get tossed in prison for many years, on trumped up charges.
"Kimble was my only witness that spoke the truth about the corruption that went on inside the prison system."
In the end, the entire case does not contain testimony from the victim. We know that she told relatives and her doctor that she was not raped, but still police moved the case forward.
"True, this young lady never admitted that she was sexually assaulted by inmate Kimble," he said.
The problems and inconsistencies Coleman observed in the Oregon State Prison, he believes, are widespread and varied. Kimble's case is a priority now. Interestingly, even though Kimble was ultimately not convicted of raping the girl, only charges of Sex Abuse, he was sent to prison for 19 years. 19 years. His attorney at the time, James Rice, who today is an attorney with the city of Portland, Oregon, says sentences of that length are typically reserved for cases involving egregious circumstances.
Coleman agrees, saying it is time for the government to take the high road and clean up the state prison system of corruption.
"I think the governor is going to have to step in and get Kimble out of this prison system, because the fact is that he is one thousand percent innocent. And they all know that. The thing is, who has the integrity to get this man out of prison"
"Besides you?", I asked
"Yeah besides myself, I am going to do what I need to do to see this man get his justice."
(Editor's note: Oregon is notorious in many circles over the murder of former Corrections Chief Michael Francke who was hired to clean up corruption in Oregon prisons, and was stabbed to death about a year after being hired. The state in that case used a young drug addict to convict a man named Frank Gable. There are amazing similarities in the case involving William Coleman.)
Previous Installments in this series:
- Aug-03-2010: Chicken Night at the Oregon State Penitentiary - Tim King Salem-News.com
- Jul-21-2010: Eyes on the Oregon State Prison: Voicing Concern for an Inmate's Life - Tim King Salem-News.com
- Jul-14-2010: State Prison Whistleblower Says Oregon Corrections is Blocking Federal Mail - Tim King Salem-News.com
- Jul-05-2010 : A Denial of Civil Rights- Oregon's Collaboration in Racism Whistleblower Retaliation - Tim King Salem-News.com
- Jun-26-2010: Getting Refamiliarized with the Murder of Michael Francke - Tim King Salem-News.com
- Jun-23-2010: Local Media Downplayed Former Prison Guard's Struggle Against Racism - Tim King Salem-News.com
- Jun-18-2010: Exposé: Skeletons Falling Out of the Closet of Oregon Corrections - Tim King Salem-News.com
- Jun-17-2010: Scott McAlister: Child Porn-Related Conviction and Practicing Law - Tim King Salem-News.com
Great resources on the Michael Francke Murder:
Michael Francke - From Wikipedia, the free encyclopedia
Blue Oregon - Who killed Michael Francke?
FreeFrankGable.com
Ex-employee supports corruption claims - by Jim Redden Portland Tribune
_________________________________________________________Tim King: Salem-News.com Editor and Writer Tim King is a former U.S. Marine with twenty years of experience on the west coast as a television news producer, photojournalist, reporter and assignment editor. In addition to his role as a war correspondent, this Los Angeles native serves as Salem-News.com's Executive News Editor. Tim spent the winter of 2006/07 covering the war in Afghanistan, and he was in Iraq over the summer of 2008, reporting from the war while embedded with both the U.S. Army and the Marines. Tim holds awards for reporting, photography, writing and editing, including the Silver Spoke Award by the National Coalition of Motorcyclists (2011), Excellence in Journalism Award by the Oregon Confederation of Motorcycle Clubs (2010), Oregon AP Award for Spot News Photographer of the Year (2004), First-place Electronic Media Award in Spot News, Las Vegas, (1998), Oregon AP Cooperation Award (1991); and several others including the 2005 Red Cross Good Neighborhood Award for reporting. Tim has several years of experience in network affiliate news TV stations, having worked as a reporter and photographer at NBC, ABC and FOX stations in Arizona, Nevada and Oregon. Tim was a member of the National Press Photographer's Association for several years and is a current member of the Orange County Press Club. Serving the community in very real terms, Salem-News.com is the nation's only truly independent high traffic news Website. As News Editor, Tim among other things, is responsible for publishing the original content of 82 Salem-News.com writers. He reminds viewers that emails are easily missed and urges those trying to reach him, to please send a second email if the first goes unanswered. You can write to Tim at this address: newsroom@salem-news.com
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april December 5, 2010 2:00 pm (Pacific time)
My brother just got sentenced to 12.5 years his attorney did a great job of prooving him innocent but nobody really cared about the truth, how sad.
dante terzano October 22, 2010 4:54 pm (Pacific time)
wow and big wow you don't have to look outside the box when it comes to innocent. Guys in oregon prisons my roomate nathan lyons is at snake river prison wondering the samething how does the state get away with this.
Neil Stafford September 19, 2010 7:05 pm (Pacific time)
As revuewed above, this is very often occuring in Oregon. How about a case where the prosecutor said before and during trial that there was no criminal act and that there was no crime charged. This man got 10.4 years in the system, as the Grants Pass Courier reported "not so much for what he did but for what they were afraid he might do. More info at psaes@live.com
William Coleman August 11, 2010 4:51 am (Pacific time)
Rob thank you for your support you seem to understand what's going on here, I appreciate the advise, what I meant when I stated that Kimble used all his appeals "explains why the system is corrupted, Rob with no DNA match, medical reports proves this girl was a virgin, no reports of sexual abuse ever. Mr. Kimble should been released years ago on his first appeal this case shouldn't ever have made to an second appeal or many more appeals. Rob i found out weeks ago that Kimble is innocent of these charges from his family, I asked them to give me power to get documents that's the only way I will support Kimble, he's innocent. I told his family if he is 1% gulity of this crime i can't help, then I came to find out this man is 1000% innocent. Rob this man testified that he was treated by state officials to lie against me, he didn't and he's being retaliated against today and as long as he in the prison. Rob I'm going to do whatever i can to see Kimble's Justice. If i knew Kimble was innocent when i supervised him I would have advocated for him as a officer. Thank you for your support and enjoy the protest video.
Rob Taylor-www.freefrankgable.com August 9, 2010 1:18 pm (Pacific time)
Thanks for answering my questions Mr. Coleman, and glad to see you make an appearance here. If all of Mr. Kimble's appeals are exhausted and there is DNA evidence available which supports his innocence, then it's important that you obtain the services of the Innocence Project immediately. The DNA evidence alone should get their attention and help. I know why you are pushing for his release, just don't understand why you seem to be the only one and there are no lawyers involved with all of this alleged evidence supporting his innocence. You must obtain the services of counsel to deal with this. Kulongoski will be no help. You must persevere through the legal channels. If all of Kimble's appeals are exhausted it doesn't show how much corruption is in the Oregon Judicial system...it shows the appellate process is not the system of checks and balances it's supposed to be. This is a major problem in our justice system and it needs to be addressed and fixed in light of the numerous wrongful convictions being exposed in recent years. I wish Mr. Kimble luck in his quest for freedom. He'll need it. I also applaud you for fighting the good fight and doing the right thing.
William Coleman August 7, 2010 2:50 pm (Pacific time)
Jason Kouches, Osotan, Jess phillips, Coral Anika Theill and everyone who tuning in to salem-new. com Tim and Bonnie is doing an tremendous job exposing the truth on life situations we all need to support real news salem- news .com to keep the truth exposed, thank you all soo much!
William Coleman August 7, 2010 2:36 pm (Pacific time)
answer to Ryan's question... this was an jury trial. I believe a hand pick jury by Lane County, Kimble's previous criminal record was robbing his drug dealer. He served time for that in CA prison system. "No penetrations no rape, the girl was a virgin according to medical report. DNA proves Kimble did not rape her and her own family that testified in court that "she did not say" she was raped at all. She told a nurse she was not raped, documents and medical report proves it. Thank you for your interest in this case. Mr. Kimble is 1000% innocent of this incident, the only crime committed is from the state of Oregon.
William Coleman August 7, 2010 6:45 am (Pacific time)
Answer to Rob's questions? The DNA evidence been available since the yr 2000. I'm pushing for Kimble release because he's 1000% innocent no DNA match medical shows this girl was a virgin and i know what it feel like to be labeled as a criminal. His lawyers probably somewhere wishing now they would have done more in his case. I don't see how these lawyers can sleep at night knowing that Kimble is 1000% innocent. They're not pushing for his release because they dont hve the passion to help some people. it take a passion to fight injustice this lawyer gave up. Kimble's family iives in Oakland CA. He has a sister an son that's 18 and mother that very ill over this injustice her son had to face.Kimble's family will be in Oregon soon to meet the governor. Mr.Kimbel used all his appeals shows how much corruptions in Oregon judicial system.The 13yr old maybe in new Mexico because documents prove that testimony of witness talk about about moving to New Mexico with her family. Tim and Bonnie have a passion for justice and they are a great support team with the truth about what's really going on in the world today they have a passion to see justice for Kimble and myself. Thank's Rob i hope this helps. Kimble will be a free soon. Take cae Rob
Ryan August 6, 2010 12:15 pm (Pacific time)
So this was a jury trial? I know the prosecution normally is disallowed from bringing up a defendent's criminal history, if there was one, did that happen? Otherwise it's hard for me to believe a jury would convict him as per the evidence the article layed out, regardless if their was a negative histroy that was part of the trial. Can there be a rape without penetration? Anyone know if that can happen?
john doe August 6, 2010 7:53 am (Pacific time)
The state, DOC and all of the officials that work within are corrupt as a guilty man! Just wait until the documents come out exposing several D.A.'s in local counties!
Jason Kouches August 6, 2010 7:49 am (Pacific time)
Great story! I work with a man very involved in this story! I think what he is doing is honorable and I will help you in any way I can bro!
Rob Taylor-www.freefrankgable.com August 6, 2010 7:09 am (Pacific time)
How long has the DNA evidence been available? Why is Coleman seemingly the one pushing for Kimble's release? Where are the lawyers. Why aren't they pushing for his release? Where are Kimble's friends and family? Why aren't they beating down the governor's door for action? Where is the innocence project? What specifically is the legal status of Kimble's case? There's no mention of it in this article. Where's the grown-up 13 year old alleged victim now? If there's no testimony by her(???) then I guess she can't recant, right? Is she willing to step up and admit now that nothing happened? So many questions. This case could prove to be a perfect example of why prosecutors and judges need to be held accountable for their judicial misconduct. Will someone ever take the time to change the law and make that happen? Will anyone ever take the time to legislate for compensation for those wrongfully convicted in Oregon? Ah, go back to sleep Oregonians. You're government is handling things just fine.
Osotan; August 5, 2010 7:13 pm (Pacific time)
10/4 dude! Let that man go!
Jess Phillips Jr August 5, 2010 2:15 pm (Pacific time)
Tim, thanks for writing this article about the great injustice that Mr. Terrence Kimble endured. You almost have to ask yourself: how many more Terrence Kimble's are there in Oregon jails/prisons?
Anonymous August 5, 2010 1:22 pm (Pacific time)
Tim, This is a great series and I hope that you get some national recognition. These are the types of stories that routinely make for network TV.
Anonymous August 5, 2010 10:54 am (Pacific time)
As I have said before, ten percent of all convictions are bogus, mostly due to police and prosecutorial misconduct. I have been on the receiving end of such and just wish it were not so, but it is the reality. Yes, even in good old Salem, Oregon. http://en.wikipedia.org/wiki/Prosecutorial_misconduct
Coral Anika Theill August 5, 2010 9:48 am (Pacific time)
Great story, Tim! You and Bonnie are advocates extraordinaire. I have no faith in the Oregon Judicial System. I believe that, "Truth crushed to the earth will rise again!" - Dr. Martin Luther King, Jr. Coral Anika Theill, Author, Advocate and Reporter for Salem-News.com, www.bonshea.com
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