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Jan-13-2014 01:21TweetFollow @OregonNews
Terrence Kimble, an Innocent ManTim King Salem-News.com
"Danielle, myself and Tracy talked about this incident, and it was stated it did not happen." He continued, "I'm telling you that and the whole court that." - Ezekiel Jackson, the alleged victim's uncle
(SALEM) - On May 2, 2001, Terrance Kimble was charged with four counts of Sexual Abuse in the First Degree, Rape in the First Degree, Rape in the Second Degree, Attempted Rape in the First Degree, Attempted Rape in the Second Degree, First Degree Kidnapping and Unlawful use of a weapon.
"All of this started with my 13-year old stepdaughter," Kimble explains. "She told her teenage friend, (she was raped) who then told her uncle, and the uncle took the 13-year old over to the home of an off duty police officer, Carl Stubbs, who took the 13-year old to Sacred Heart Emergency Room so that a rape examination could be performed."
What the emergency room doctors and nurses discovered, was that the teenager had not been raped. The reports from the hospital clearly state that the girl had no injuries, and that she had never engaged in sexual intercourse.
It seems clear that Kimble was approached by officers sporting a great deal of bias. In fact, the officers who were interviewing Kimble in a hostile manner hadn't been notified by officer Stubbs that that the 13-old hadn't been raped.
Kimble was physically assaulted by the detectives and other arresting officers; the beating did require Kimble to be hospitalized. This took place at Eugene, Oregon City Hall in the interrogation room. The interviewing officers treated Kimble as if he was a child rapist, all the while unaware that the teenage girl had in fact, not been raped.
The officers, all white, were still under the impression that they were dealing with a child rapist when Kimble was being assaulted by them.
Detective Danny Brazeil used excessive force in the pretext of making an arrest. When Kimble refused to give his consent for them to take pubic hair, he says Detective Brazeil said, "...we'll just have to take them from your black ass then."
The act of forcefully removing pubic hairs without a court order was an Invasion of Mr. Kimble's privacy.
Kimble says Detective Brazeil beat him with his fist.
As previously referenced, the injuries that Kimble received at the hands of the Eugene Police were severe enough to transport Kimble to an outside hospital for treatment.
Prosecutor Robert D. Lane, tried to make his case seem strong by stating that the state police forensic crime laboratory found 1 single spermatozoa head on a right labia swab taken off of the 13-year old girl. There are millions and millions and they only found, literally... one single spermatozoa?
DNA documents exonerate Kimble, but this was not allowed to enter in Kimble's trial. Kimble was also charged with unlawful use of a knife against the child, yet no knife was ever submitted into evidence because, Kimble says, there was no such weapon.
The 13-year old stated to nurse Kevyn Layton, that Kimble tore or ripped her panties off her; then she states she "put on different panties" so that she would know "it was not a dream."
The torn or ripped panties were not admitted into evidence. The jury never saw such panties. Where are the torn panties?
It seems as though the Oregon judicial System doesn't want to correct their miscarriage of justice in this case. The system knows that they have an innocent man incarcerated on bogus charges. Kimble was wrongfully convicted and falsely incarcerated and sentenced to 18 years and 9 months for a crime that he didn't commit.
Kimble been appealing this case for ten years. He keeps landing in front of the same judge and the same prosecutor, and an appeal was denied as recently as 2012, when Kimble was denied the opportunity to make a statement to the court.
The Oregon direct appeal court received a brief that was filed by Kimble's Public Defender, Steven V. Humber, who is employed through the Salem Oregon Defense Services. Mr. Humber submitted the brief stating that Kimble was convicted of having sexual intercourse with a minor. This is totally outrageous, as absolutely nowhere does it state that Kimble was convicted of this crime. The girl, as stated above, had never engaged in sex, yet Kimble's own advocate, Humber, threw him totally under the bus.
Former Oregon Corrections Officer, William Coleman, battled the corruption from within, and his battle for justice continues. In regard to the Kimble case, Coleman said:
"Mr. Humbler lied to the court. A very simple review of court documents proves that Mr. Humbler lied.
"Since that first brief was submitted, the Oregon Court of Appeal has affirmed the convictions without an opinion, and the Oregon Supreme Court has denied review.
"No one in the Oregon Judicial Department wants to take responsibility for their mistake, or admit to the wrongful conviction that Kimble received."
Coleman continued, "I believe all it takes is for one judge with integrity to review the issues and merits of this case and this case will be overturned. The medical report easily clears Kimble of any crime. The 13-year old, Danielle Mcdaniel, denied any injuries to nursing staff and to the doctor who examined her, Dr. Daniel Merrell Dietel."
The teen stated to Detective Braziel that Kimble, "...wrapped his arms around my neck and pulled me back into the house."
According to hospital records, the 13-year old denied vaginal penetration. No abdominal pain or vaginal discharge was present.
The hospital wrote in regard to the alleged rape, "History obtained by the nursing staff indicates no previous history of pelvic examination or vaginal intercourse. She denies vaginal penetration."
The teen told the officer that Kimble was holding his penis and pounding it pushing it into her hard, yet there was no bruising anywhere on one of the most delicate parts of the anatomy. The 13-year old was a virgin.
Also, school teachers at McCornack Elementary School, who saw the alleged victim that morning of December 8, 2000, were never contacted... why? It seems possible that, like in so many other Oregon cases, police interview people who will corroborate their allegations, not the actual witnesses whose statements could harm their case. (Any witnesses who recall Terrence Kimble, please contact our newsroom, firstname.lastname@example.org)
Additionally, Arnold Morgan, reportedly saw the alleged victim the morning of December 8, 2000. There were 3 teachers who saw the alleged victim the morning of the alleged incident. Ms. Richards, Ms. Grimmel, and Ms. Strand were all first hand witnesses of the girl's behavior on that day, yet none of these teachers were contacted or interviewed.
In court, Assistant District Attorney Robert D Lane questioned Ezekiel Jackson, the alleged victim's uncle, a college graduate who studied Industrial Psychology.
DA Lane asked Mr. Jackson if Danielle McDaniel made any allegations against Mr. Kimble.
Jackson answered, "such as?"
"That he had sexually abused her."
Jackson said, "it didn't happen."
Jackson stated it couldn't have happened because "Danielle, myself and Tracy (the alleged victim mother) talked about this incident, and it was stated it did not happen."
The DA asked Jackson, "so your testimony under oath is that Danielle told you that this didn't happen?"
Jackson answered, "this didn't happen."
DA Lane asked Jackson, "you're telling me your testimony under oath?"
Jackson answered, "I'm telling you that and the whole court that."
DA Lane never asked Tracy Lee Hoffman anything about her 13-year old daughter, Danielle McDaniel, having a discussion about what happened.
DA Lane questioned her about Kimble using a knife when fixing stereo systems. DA Lane stayed away from any questions about the incident. The DA never asked Mrs. Jackson, the allege victim's aunt, if she talked to the alleged victim about the incident. She was asked if she noticed any behavior on her part that made her believe there was a problem between her and Kimble.
Her answer was "No, nothing that struck me as being out of normal or weird or anything like that."
Kimble, in his own words, "was railroaded."
The Supreme Court states that the Oregon Revised Statute (OAR)163.427 on First Degree Sexual abuse is only one statute. The way Judge Karsten H. Rasmussen sentenced Kimble is illegal, because he sentenced Kimble to serve consecutive sentences.
The sentencing judgement has Kimble serving consecutive sentences for the same crime twice - even though Kimble didn't commit any crime in the first place.
There was no type of evidence that any crime had occurred; just the alleged victim's initial word against Kimble. It is also noteworthy that the mother and alleged victim were being paid out of the Lane County District Attorney's Office victim fund.
Coleman says, "Kimble is 1000% innocent. DA Robert Lane and Judge Karsten Rasmussen should be charged for false prosecution!! Case No. 20-00-24274 ORDER DENYING MOTION TO AMEND SENTENCE. Kimble's request for oral argument on this motion is DENIED. DATED this 11 day of December, 2012. This motion was denied by Karsten Rasmussen cc: Robert Lane"
Previous articles about Oregon's prisons:
Articles for January 12, 2014 | Articles for January 13, 2014 | Articles for January 14, 2014