David Liston
In this case, there is actual innocence, evidence tampering and hearsay evidence presented by Kathy Smith, State of Oregon officials and CARES Northwest supported by documentation; who did knowingly and intentionally make false accusations against me formulated from vindictive and malicious motives, manipulating a necessary protective situation concerning the safety and welfare of a violent autistic child, the child’s brother, Jason Smith, mother and myself. Unnecessarily subjecting and manipulating the child, Summer Smith, as an alleged child kidnap and sexual abuse victim.
In May of 2001, Kathy Smith and her two children moved into my manufactured home. Unbeknownst, Ms. Smith’s daughter, Summer Smith, has severe autism and other mental health issues. She is largely unable to communicate, has a compulsive eating disorder, is sometimes violent and very difficult to control, dislikes wearing clothing, is prone to self stimulating behaviours and touching her genitals, is known to rub body fluids upon herself and will not use a toilet or bathe by herself.
In May of 2001, Kathy Smith and her two children moved into my manufactured home. Unbeknownst, Ms. Smith’s daughter, Summer Smith, has severe autism and other mental health issues. She is largely unable to communicate, has a compulsive eating disorder, is sometimes violent and very difficult to control, dislikes wearing clothing, is prone to self stimulating behaviours and touching her genitals, is known to rub body fluids upon herself and will not use a toilet or bathe by herself.
Because of Summer’s violence, difficulties and failure to sleep, she is a safety risk to herself and others. My home had to be modified when Summer moved in; she is an extreme flight risk. Keyed locks were installed on all interior doors, padlocks were installed on the refrigerator, a chain lock was installed on her bedroom door (all recommended by her paediatrician) and six foot fences were raised to keep her from getting out of the yard. Summer is locked in her bedroom at night and restrained during violent episodes as necessary, including “extreme” measures to control her and protect others.
On December 14th, 2002, Kathy Smith left for “work” early in the morning, leaving her children home with myself to care for them, as had become the usual, but returned approximately 40 minutes later at about 7:00 am, after “shopping,” because she was not “feeling” well. When Ms. Smith returned home she found the front door locked, Ms. Smith entered with her key, found the kitchen light off and the master bedroom light on. I exited the master bedroom after preparing for a shower, confronted Ms. Smith regarding her daughter’s two extremely violent episodes and necessity of restraining her daughter, as I was harmed by Summer’s attack.
Ms. Smith called the police around 7:05am. The Milwaukie Police arrived within minutes. I was taken to the Milwaukie Police station for alleged sexual assault on Summer Smith. I was interviewed for about 6 hours, denied my request for an attorney, swabbed for DNA on my hands and penis.
Consistent with her condition, Summer is well muscled and quite strong for her age. It required three adults to hold her down to perform a sexual abuse exam at Emanuel Hospital in Portland, Oregon. The examiners found insufficient evidence to diagnose sex abuse.
The physical testing, by the Oregon State Crime Lab, produced no evidence in the first three DNA tests and questionable results on the fourth and final test (3 alleles out of 13 produced). There was a “minor inconclusive partial profile” that did not match Summer’s or my DNA profiles. DNA testing failed to reveal any of my DNA on Summer and the crime lab technician admitted he did not operate in a sterile environment.
No DNA testing was ever performed on Summer’s clothing, my clothing, towels, or bedding. State officials failed to preserve evidence, tampered with evidence and lied about evidence. A CARES Northwest employee testified that even though no evidence was found supporting a sexual assault, she claimed it was highly concerning of sexual abuse and that Summer’s hymen actually grew back eradicating any evidence of assault.
After several days of trial, much embellished and conflicting testimony from Kathy Smith and state officials, I was found guilty on all counts (kidnapping, sexual abuse, attempted sexual abuse, attempted sodomy), sentenced as a repeat offender with sentence enhancements to mandatory minimums totalling 237 months without good time and a jury’s decision.
I am seeking pro bono legal, investigative and general assistance as I have lost everything.
David Liston
SRCI - SID #14915954
777 Stanton Blvd
Ontario, Oregon 97914-8335
On December 14th, 2002, Kathy Smith left for “work” early in the morning, leaving her children home with myself to care for them, as had become the usual, but returned approximately 40 minutes later at about 7:00 am, after “shopping,” because she was not “feeling” well. When Ms. Smith returned home she found the front door locked, Ms. Smith entered with her key, found the kitchen light off and the master bedroom light on. I exited the master bedroom after preparing for a shower, confronted Ms. Smith regarding her daughter’s two extremely violent episodes and necessity of restraining her daughter, as I was harmed by Summer’s attack.
Ms. Smith called the police around 7:05am. The Milwaukie Police arrived within minutes. I was taken to the Milwaukie Police station for alleged sexual assault on Summer Smith. I was interviewed for about 6 hours, denied my request for an attorney, swabbed for DNA on my hands and penis.
Consistent with her condition, Summer is well muscled and quite strong for her age. It required three adults to hold her down to perform a sexual abuse exam at Emanuel Hospital in Portland, Oregon. The examiners found insufficient evidence to diagnose sex abuse.
The physical testing, by the Oregon State Crime Lab, produced no evidence in the first three DNA tests and questionable results on the fourth and final test (3 alleles out of 13 produced). There was a “minor inconclusive partial profile” that did not match Summer’s or my DNA profiles. DNA testing failed to reveal any of my DNA on Summer and the crime lab technician admitted he did not operate in a sterile environment.
No DNA testing was ever performed on Summer’s clothing, my clothing, towels, or bedding. State officials failed to preserve evidence, tampered with evidence and lied about evidence. A CARES Northwest employee testified that even though no evidence was found supporting a sexual assault, she claimed it was highly concerning of sexual abuse and that Summer’s hymen actually grew back eradicating any evidence of assault.
After several days of trial, much embellished and conflicting testimony from Kathy Smith and state officials, I was found guilty on all counts (kidnapping, sexual abuse, attempted sexual abuse, attempted sodomy), sentenced as a repeat offender with sentence enhancements to mandatory minimums totalling 237 months without good time and a jury’s decision.
I am seeking pro bono legal, investigative and general assistance as I have lost everything.
David Liston
SRCI - SID #14915954
777 Stanton Blvd
Ontario, Oregon 97914-8335