Oregon Man is Seeking $5.5 Million in Damages After Serving a Jail Sentence for a Crime He Did Not Commit
PORTLAND, Ore. — Two former Multnomah County prosecutors and two Portland police officers are being charged with alleged malicious prosecution by a man seeking $5.5 million damages after serving more than five years in prison for a “crime” he did not commit.
Adam Gregg Says He Was Falsely Accused of a Death by Heroin Overdose
Adam Gregg is seeking damages after pleading guilty to dealing in heroin when a Portland prosecutor told him that the man who bought the drug from him had died of an overdose.
The prosecutor also told Gregg that if he did not accept a seven-year jail sentence, he could face 20 years to life for the crime in a federal court.
After accepting the prosecutor’s offer, Gregg was found guilty in the Multnomah County Circuit Court and served just short of five-and-a-half years in prison.
On His Release from Jail, He Found That the Man He Had Allegedly Killed Was Still Alive
On his release from jail, Gregg discovered that the man he allegedly killed with a drug overdose was still alive. Now he, and co-plaintiff Jeremiah Cook, have brought separate charges relating to alleged malicious prosecution, saying that the four accused lied about the death of Cole Culver.
Culver was admitted to hospital in May 2015 but survived.
Gregg and Cook, who are both 38, have filed separate suits after their prosecution and sentencing for allegedly delivering a deadly dose of heroin. Cook served one year and one day in jail and his federal damages claim is unspecified.
The plaintiffs’ lawyers argue that their clients only agreed to serve longer sentences after the deputy district attorney told them they could face much stiffer penalties if sentenced in a federal court.
Gregg South Out ‘Victim’s’ Family to Apologize for his ‘Death’
The truth about Cole Culver’s survival after taking delivery of the heroin only came to light when Gregg, after his release from prison, sought out the ‘victim’s’ family to apologize for his actions. Gregg was also going to ask them to support his decision to enroll in law school.
Gregg and co-plaintiff Cook allege that the prosecutors and police officers concealed evidence, harming their defense. The men say they accepted longer prison terms for crimes they did not commit.
After Gregg’s attorney Jesse Merrithew reported that Cole Culver was alive and not dead as previously announced, the Multnomah County District Attorney’s office launched an investigation via its Justice Integrity Unit (JIU).
The DA’s Office Has Admitted There Were ‘Errors’ in the Police Report
The DA’s office admitted that there were errors in the police reports that led to the prosecution ‘from the posture of an overdose death.’ All convictions in the case were vacated on instruction from the JIU.
According to court records, Culver and a few of his friends used heroin obtained from his roommate on May 23, 2015. Later, Culver fell asleep but at 6.30 a.m. one of his friends saw blood seeping from his nose and called 911.
Medics and Portland police responded to the call and an initial police report stated that Culver was not breathing and had no pulse. After the medics performed CPR for 25 minutes, they managed to restore a pulse. Culver was transported to a local hospital by ambulance.
The two police officers assigned to the case were Carrie Hutchison and Tequila Thurman.
In her report, Thurman stated that she had interviewed Culver’s girlfriend but failed to note that the girlfriend had told her that Culver was alive.
In her report submitted a day later, Hutchison stated that two people who were with Culver the ‘night before his death’ had been interviewed by Thurman.
Police identified Culver’s roommate as the buyer of half a gram of heroin from Cook and Gregg and two other unidentified men.
After being told that Culver had died from an overdose, Cook allowed the police to search his home and his phone and had cooperated by contacting his drug supplier, says his attorney.
Meanwhile, Gregg’s attorney says his client had supplied the heroin to the man who in turn sold the drug to Cook. The attorney says Gregg allowed police to search his apartment based on a lie.