At the bedrock of our criminal justice system is the presumption of innocence. Every person accused of a crime is presumed innocent until proven guilty “beyond a reasonable doubt.” The rules of procedure in our criminal justice system flow from these basic principles, recognizing that “it is better to set ten guilty men free than to convict one innocent man.”
These safeguards failed to protect former UCSB soccer star Eric Frimpong from being convicted of rape, even though none of his DNA was found on the accuser; only semen from her boyfriend. The young woman, a 19-year-old freshman with a history of alcohol-induced blackouts, had a blood alcohol level between .29 and .34. At .35 you are at an anesthesia level where surgery can be performed.
Eric Frimpong, 22, is from a village in the northern region of Accra, Ghana, on the west coast of Africa. A soccer player as a boy, he was “discovered” and recruited by a UCSB soccer coach who was in Ghana to scout other players. He arrived at UCSB in August 2005, with only a small bag of belongings. He became a starting mid-fielder on Coach Tim Vom Steeg’s 2006 NCAA championship soccer team. He is described as an excellent student, never in any trouble at UCSB or before, devoutly religious, and a warm, friendly, gentle soul. Everyone who met Eric came away with admiration and affection for this young man from West Africa. Eric was drafted by a professional soccer team, the Kansas City Wizards, and was set to graduate from UCSB with a degree in mathematics. UCSB soccer coach Tim Vom Steeg describes Eric as a wonderful young man who he cannot believe would commit rape.
One night in February 2007, Eric invited a fan of the team’s 2006 championship victory to his house to play “beer pong” and hang out with his friends. Though Eric and the woman separated, she later accused him of raping her on the beach below Del Playa. However, the evidence does not support her claim. She alleged a violent attack on the beach that left her covered in sand, yet the first person she saw testified he saw no sand on her. Eric had no scratches or abrasions on his body nor any sand on his black skin and hair. It was hours before she reported the alleged rape. When examined, she claimed to have been hit on the cheek. Given her extreme intoxication, she had little memory of what had happened. Sheriff’s Detective Daniel Kies repeatedly suggested facts to her, including that she was bitten. He allowed two of her friends who were also drunk to coach her during the interview. A swab taken much later of her cheek was negative for any DNA.
Detectives Kies and Michael Scherbarth did nothing to investigate what other males the accuser had contact with that night or when she last had sex with her boyfriend. The detectives found Eric the next morning, playing ping pong with friends. They requested he go with them without explaining the allegations or his rights. Eric’s friends asked if he needed representation, explaining he was from a foreign country and would not understand what was going on. Detective Kies lied, stating he would explain everything, then took Eric away and grilled him without explaining why. He didn’t explain his rights until Eric, obviously confused, asked what was going on.
Unlike his accuser, none of Eric’s friends were allowed into his interview. Eric politely answered all questions, allowed a search of his home and clothes. When they finally told him he was a rape suspect, he denied having sex with the accuser and volunteered a DNA sample. There was no presumption of innocence. They accepted the impaired accuser’s word. Eric was the only suspect, even after only the boyfriend’s DNA was found on the accuser that night.
After the publicity of Eric’s arrest, another girl surfaced who alleged a past sexual assault. On a mere accusation, the District Attorney charged “sexual assault” and portrayed Eric as a serial sexual predator. While acquitted of this false second claim, his case was severely prejudiced by it. At trial the prosecutor systematically excluded minorities and foreign-born citizens from the jury, depriving Eric of a jury of his peers. The prosecution hid exculpatory evidence by not revealing a dental expert previously consulted. They falsely told the court the second expert was used because he wasn’t charging a fee when he did in fact charge a fee.
The prosecutor disregarded the presumption of innocence and burden of proof beyond a reasonable doubt by saying that Eric had no alibi. During the course of the trial, a juror was arrested for DUI, an alcohol-related criminal offense; yet, in a case where alcohol intoxication was a major issue, the juror was not replaced. The jury asked to review the accuser’s and Eric’s statements. Only the accuser’s was read. Judge Brian Hill then told the jury it would take too long to review everything so they should just review what they had already heard. Eric was convicted two hours later.
Judge Hill revoked Eric’s bail and sent him to jail. Meanwhile the alleged victim has reportedly been observed back on the party scene in I.V. Unlike the falsely accused student athletes in the infamous Duke rape case, Eric is indigent, without resources to fight in the courtroom or media. The kind parents and soccer team supporters who posted bail and paid for a lawyer are tapped out. Unless a motion for new trial is granted, Eric will be sent to prison. Will we as a community allow this to happen or will we demand that those who administer the law also abide by the law?
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Santa Barbara 2008 or Mississippi 1960's. In a city as diverse as Santa Barbara it is hard for me to believe that the law and Eric's rights were grossly mutilated. I mean no disrespect, but this case sounds like the Emmet Till case of 1955 in Mississippi. Though in Frimpong's case no murder was commited, except if you want to include due process and and a humans rights. I hope Eric has the power to appeal. As for the blackout drunk girl trust me karma is a bitch. You will get yours if you are lying and sending an innocent man to jail for 8 years. The cops and judge should be fired for their lack of professional process.
joepublic (anonymous profile)
January 24, 2008 at 8:34 a.m. (Suggest removal)
Joe - You are right on, except you left out the Deputy DA prosecutor, Mary Barron, who should also be fired, and possibly disciplined by the Bar. Not only did she bungle many aspects of the trial thereby violating Eric's rights, she cheated and did things she knew were wrong. All to win the game of getting a conviction, regardless of the truth and what is right. She stacked the jury with all-white and predominently females. She withheld evidence from the defense (did not disclose an earlier, exonerating expert witness). Violated defendant's right against self-incrimination by telling the jury "he had no alibi" (illegal). Barron is relatively new at prosecuting and is out to boost her career by convicting people any way she can. She's Santa Barbara's version of DA Nifong in the Duke University rape case.
zorro (anonymous profile)
January 24, 2008 at 1:18 p.m. (Suggest removal)
What about her DNA on his penis? I suppose that is just bad luck... Sometimes people who appear to be nice do bad things.
rocket (anonymous profile)
January 24, 2008 at 9:23 p.m. (Suggest removal)
A judge who was probably perilously close to his tee time
A detective fishing for anything but the truth
An unscrupulous prosecutor with the wrong kind of overzealousness all for the sake of getting the W
The only observable or tangible item found when looking for real evidence was another man's scrotum joose
This sounds terrible. The only thing that I can come away was that the girl was absolutely drunk out of her mind. No one should ever be raped, no matter the condition. If she was raped, then I am truly sorry for her, but I dunno about this.
I don't live anywhere near your community but can outsiders help out?
Megrimlock (anonymous profile)
January 24, 2008 at 9:56 p.m. (Suggest removal)
Response to Rocket: the way I heard it was that the DNA was found on his scrotum, not on his penis. Probably not important one way or the other. More important, though was that it was only ONE cell which supposedly contained her DNA. Since during the trial it came out that the government lab that did the analysis altered their "bench notes" weeks later (at the suggestion of either the DA or the investigating sheriff's deputy), their conclusion is tainted and questionable. Such an attempt to manipulate the evidence is highly improper and casts serious doubt on the conviction.
zorro (anonymous profile)
January 24, 2008 at 11:48 p.m. (Suggest removal)
I was at the trial every day and I can tell you, the information provided in this article is completely skewed. Crucial evidence has been purposely left out and some of Ms. Seefeld's "facts" are wholely inaccurate. I find it very disturbing that one poorly informed individual can write such a biased article about this case and have it printed in the Independent, a paper I have always admired. Unfortunately, many people will read this article and believe her "facts" without ever looking at the evidence.
I know for a fact that many of the jurors searched for any way to find Eric not guilty, but with the evidence provided, that was impossible. Mary Barron did a terrific job. Judge Hill never told anyone not to look at all the evidence "to save time". I suggest to those who have come to a conclusion about this case based on this one article: find some more information elsewhere, then make your judgment.
livinginsb (anonymous profile)
January 25, 2008 at 6:18 a.m. (Suggest removal)
I was surprised that the Indy gave Kim Seefeld's opinion piece the same prominence as an unbiased story from a reporter. And the title "Justice Denied"; was that Seefeld's choice of words or, like most editorials, the editor's decision? This case has much in common with another recent sexual assault case involving a poor West African man who also became a promising student at UCSB. A Mr. Kafatia (sp?), who took advantage of a tipsy woman while working security for SBCC. Like Frimpong, Kafatia had numerous supporters who could not or would not believe that he was capable of such actions. Mr. Kafatia was convicted of rape in an SB courtroom, presided by a different judge. Obviously there are substantial cultural differences on how men relate to women in West Africa as compared to a U.C. environment. Who is guiding these men in these dangerous relationship waters? As for Ms. Seefeld, what is her relationship to the defendent or the defence effort? Can she be unbiased? Based on the lack of a balanced approach to her "facts", I conclude she is biased, unable to accept the verdict, and, essentially, a zealot.
wonarrowfan (anonymous profile)
January 25, 2008 at 8:04 a.m. (Suggest removal)
Finally, as I read through the comments it seems as if people are remembering that the evidence in a case is presented in a court room, not a newspaper. I agree with "livinginsb" that the article written by Seefeld was skewed. I also attended the trial and was there most days. Seefeld did not mention the DNA evidence found on Frimpong, his scrotum, penis and under his fingernails. She did not mention the time and effort spent by the prosecutor delineating the different forms of bodily secretions and the ability to somewhat differentiate between sources of the fluid, such as tears, saliva, vaginal fluids. This was presented in court, through scientists with the benefit of being cross-examined as thoroughly as either side desires. Seefeld also states that the jury was somehow composed by the prosecutor, but has she forgotten the jury is decided by both prosecution and defense attorneys? Both sides have the ability to remove jurors based on both "cause" and no cause whatsoever. I suggest Seefeld look at her own motives and be more honest and balanced in her perspective next time. Or perhaps the Independent edited the article for space and left out some of these facts. Nonetheless, it comes across as a hack piece.
mensunderpanties (anonymous profile)
January 25, 2008 at 9:14 a.m. (Suggest removal)
This is a rich town. Can't someone pay to get Frimpong a fair trial? Can't anyone get their high-power dad to call one of their friends to represent Frimpong? Won't someone out of their heart take this case as pro-bono??
This guy needs help.
Please help him.
girlslocker (anonymous profile)
January 25, 2008 at 3:56 p.m. (Suggest removal)
The girl is a college drunk and Frimpong is black.
Who wins? the college drunk girl always. Did her dad pay someone?? Heaven forbid Mr and Mrs parents of drunk girl would acknowledge their daughter is a floozy, and a drunk.....so $$ shut the right people up and twist the law. Shhhh..the country club is listening!!!
girlslocker (anonymous profile)
January 25, 2008 at 4:15 p.m. (Suggest removal)
Many of the comments on this page reflect blissful ignorance. You folks defaming law enforcement, the DA and the survivor are using this case for your own motives...to be angry and hateful. The young woman Eric Frimpong raped is a human being.
You are assaulting her with your words. You have no right to cast judgement and issue her punishment in the "court of public opinion". It's disgusting.
The level of ignorance and bigotry here is truly embarrasing. If you were truly worried about the issues of race & socioeconomic status you would learn the facts. Eric was afforded a premier defense lawyer. He is only suffering from his actions. This case followed procedure & was given due process. Ms Seefeld's claims are complete fabrication meant to incite hatred.
If you believe in equality, then act like it. Show respect for all people - regardless of their gender, drinking habits or race.
curious (anonymous profile)
January 25, 2008 at 7:32 p.m. (Suggest removal)
TO girlslocker. Sanger is a high priced lawyer, he represented Frimpong (along with Micheal Jackson do you see a connection here?) It would help to educate yourself before you start spewing. Your ignorance is bountiful, much like this attack by Ms. Seefeld.
InTheKnow (anonymous profile)
January 26, 2008 at 8:19 a.m. (Suggest removal)
Wow, the acid tongued vitriol of some fools. Are we enamored by the novelty of the defendant? A little cause celebre to embrace him as a new icon of oppression by the white devil race?
Don't tell me: Mumia Abu-Jamal is innocent too.
Your rants aren't left field. They are out past the parking lot . I am not impressed by Mizz Seefield's credentials. The insinuation is that we should believe her over anyone else because she was a former prosecutor, which is foolish and pretentious.
So before you wrap yourselves up the in flag of self righteous indignation, do your darned homework, or have a nice hot cup of STFU.
azuresees (anonymous profile)
January 26, 2008 at 8:54 a.m. (Suggest removal)
I am so relieved to see that some people realize our justice system does work. As stated earlier, Frimpong had a very high profile attorney, paid for by Frimpong's roommate's dad, who is also an attorney. Sanger represented Michael Jackson and I'm sure he believed he could get Frimpong off. They had ONE witness-an expert who told us what the victim's BAL would have been at the time of the rape. Turns out, by Ms. Seefeld's own admission in the News-Press article covering Martin Luther King day, she did NOT attend the trial. I'm about to find out where she comes from, but I'm willing to bet she is friends with the roommate's dad.
l As another writer said, the newspapers do not tell the public everything. Only if you sat in that courtroom every day for 3 1/2 weeks do you have a right to come to a conclusion about this case.
And as for those people who blame "the drunk girl", shame on you. She and her parents acknowledge she has an alcohol problem and at the time of the trial, she was getting help. No one denies she has a problem, but that doesn't make it OK for a man to rape her!
livinginsb (anonymous profile)
January 26, 2008 at 10:38 a.m. (Suggest removal)
livinginsb,
How much of "the drunk girls" statements would the same judge and prosecutor believe as credibile, if she was the defendent in a DUI case?
DarNel (anonymous profile)
January 26, 2008 at 12:01 p.m. (Suggest removal)
How sad that Ms. Seefeld, who up until now has only been able to garner support from Travis Armstrong, has been "legitimized"--if only until her cover is blown--- by the otherwise-reputable Independent....and Blogabarbara!?!?!
Aren't there fact checkers at the Indie anymore? If so, did you not connect the dots between Seefeld's longstanding and quite vocal antagonism towards the SB County District Attorney's office because the D.A. has repeatedly refused Seefeld's requests to:
a) prosecute affordable housing owners/neighbors of Seefeld for what Seefeld [and no one else] deems criminal fraud
b) conduct immigration checks on those receiving County services [check out the 8/29/07 Lompoc Record for this Seefeld quote: "County departments have a right and a duty to inquire as to the citizenship status of anyone obtaining county services, yet they don't.”
But besides all that obvious vendetta-seeking by the author, the Indie could have easily checked the statements she claims to be facts of the Frimpong trial but which are far far from fact and which only serve to further victimize the victim. For that alone, the Indie should be ashamed.
PS: tell me, where and when was Seefeld a "prosecutor"......
sbsleuth99 (anonymous profile)
January 26, 2008 at 5 p.m. (Suggest removal)
DarNel:
Your comparison elucidates the point nicely. Someone receiving a DUI has broken the law for two specific acts in concert. What would her statement be...that she wasn't drinking, that she wasn't driving? There would have been evidence towards both for an arrest & conviction. Believing her is irrelevent.
Someone who is sexually assaulted while intoxicated isn't breaking the law. She has done nothing wrong and her statements are consistent with the evidence found.
curious (anonymous profile)
January 28, 2008 at 12:44 a.m. (Suggest removal)
InTheKnow.Thank you for being so In the Know. What would this world do without you?
I was fully aware that Sanger defended Frimpong. Obviously it wasn't good enough. How about a 2nd premier attorney to do the appeal for Frimpong. Would you like to defend?
You could read your How to Defend people for Dummies book that you purchased at Costco this weekend!
girlslocker (anonymous profile)
January 28, 2008 at 9:45 a.m. (Suggest removal)
It was reported that the 19-year-old victim was on probation for a DUI conviction, a condition of which was that she could not drink any alcohol. Since it was proven in the rape case that she drank 13 alcoholic drinks on the night in question, does anyone know if she has been charged with a violation of probation?
zorro (anonymous profile)
January 28, 2008 at 10:03 a.m. (Suggest removal)
If you are looking for a News-Press connection here, Ms. Seefeld has a long professional association with Barry Cappello. We all know who he represents.
santabarbaraguy (anonymous profile)
January 28, 2008 at 9:21 p.m. (Suggest removal)
How about publishing an article from someone in the DAs office? As in most of these types of cases, I suspect the truth is a little different than each side would have us believe. However, it does sound like justice was carried out. People capable of sexual assault typically are well liked and appear normal, but given an opportunity. . .
emptynewsroom (anonymous profile)
January 29, 2008 at 9:30 a.m. (Suggest removal)
TO GIRLSLOCKER, so you knew that about Sanger? Then why did you make such an idiotic statment about getting someone to represent Frimpong that had money? You think Sanger is cheap? OR are you one of those people that can't admit when someone is guilty that they really are... "oh oh oh it had to be the "bad" attorney". Just trying to shotgun any arguement in there huh? And your childish attack upon me is proof of your uneducated mindset...
InTheKnow (anonymous profile)
February 1, 2008 at 9:11 a.m. (Suggest removal)
Ms. Seefeld's opinion piece (or perhaps letter to the editors?) in the Daily Nexus is more clearly put forward, in my opinion. It contains some other points of hers as well.
http://www.dailynexus.com/article.php?a=...
Not having been to the trial, I don't know what to make of this all, but having taken a course years ago whose subject was the various ways human psychology can influence court cases such as these, I will say that the extent to which a victim's testimony is reliable can often be surprisingly small, even if the victim feels he or she is telling the truth. Furthermore, the extent to which convictions sometimes rely on that testimony and little else can be downright scary. Rape cases where the victim and accused are different races and there is little other than circumstantial evidence can be especially bad, and there are many cases in which innocent people have been wrongly convicted based on a false ID, only to be exonorated years later by DNA or other incontrovertible evidence. Google the Innocence Project to see a few.
postername (anonymous profile)
February 1, 2008 at 10:16 a.m. (Suggest removal)
I remember a high profile case from long ago where Sanger was a defense attorney but can't remember the case.
Can anyone tell me if Sanger was involved in the David Kurtzmann/Rusty Trammel (sp?) case?
billclausen (anonymous profile)
February 1, 2008 at 2:17 p.m. (Suggest removal)
Kim Seefeld's hack piece is anything but objective. Her connection with Frimpong is unknown, but is in suscpicion based on her style of writing and criticism of anything/person associated with Frimpong's guilt.
InTheKnow (anonymous profile)
February 2, 2008 at 7:36 a.m. (Suggest removal)
Its pathetic!!! That a true-thick-blood-flowing son of Africa is being laid as red carpet for an undeserving walker. IF.....and i repeat, IFF the boy of our heart-Nana Frimpong did commit himself to the act, then may our ancestors have mercy and forgive him.......BUT BBBUT.....if not.......
It's sometimes difficult for outsiders to understand our language. you run to retract levelled falsehood when its told you......
One of us above-"wonarrowfan" tried making cast of the African culture.......An advice for your tongue-"what you don't know about the African culture, you only can ask and it isnt all questions that have answers for kids.
Those accusing the brother are very fortunate of his religion, that he leaves everything to God.
The spirits of the living dead when evoked, can cause havoc irrespective of where or who you are. BEWARNED!! about your utterances.
I therefore urge you all to end the insults and be realistic by your understanding. Nature knows whats best for Frimpong.
Saviola is how we liked to call him on the field. He is no corrupt person to deserve all this humiliations. If he were your brother...........????? Wish him the best and not worse.
Judge us with the colour of our blood and not of our skin, for the latter can be changed by wish.
I write from the center of the earth with great demand for justice and respect.
I write from AFRICA...
kumasiano (anonymous profile)
February 25, 2008 at 7:23 a.m. (Suggest removal)
Postername-
Kim Seefeld's article in the Nexus was, once again, incorrect. Remember, she didn't attend the trial-I did.
It is extremely frustrating, from my viewpoint, to read belittling comments from people regarding this case, when the people writing weren't in the courtroom every day.
The jurors didn't come to a conclusion based on race. We didn't find him guilty because we didn't like him , or because the victim was white, or because we believed her testimony. We sat through 3 1/2 weeks of evidence, much of it presented by experts. We then followed the judicial procedure and came to our decision based on the evidence presented! That's how our judicial system works!
That said, if it turns out that there is new evidence that we didn't see that will help Eric, then by all means he should receive a new trial-but once again, that doesn't mean we the jurors, or the judge or the D.A. were out to "get" Eric. We simply made a decision based on the large amount of evidence we were provided.
livinginsb (anonymous profile)
March 3, 2008 at 8:16 p.m. (Suggest removal)
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