Conviction Against Gerry Davis Thrown AwayJan 9, 2006 | www.wdef.com
A judge throws out the attempted rape conviction against former Chattanooga Police officer Gerry Davis.
A Nashville jury convicted Davis of attempted rape in December.
A woman had accused Davis of raping her eight years ago after he drove her home from a bar.
Although the jury did not convict Davis of rape, they did convict him of the lesser charge.
But today Davis's attorney appealed that conviction because attempted rape has just a four year statute of limitations.
The judge says law dictates the jury had to hear all charges against Davis.
>But another law says the conviction must now be thrown out.
Attorneys from both sides say state lawmakers may need to revise the rules.
ADA Neal Pinkston, Hamilton County:
"There's no case, law, no case like this has been appealed before."
Lee Davis, Gerry Davis Defense Attorney:
"You're talking about a case where, the prosecutors waited 7 years to bring the charges, so it's not surprising to me that people didn't think about lesser-included charges and their statute of limitations, given how unusual the circumstances are."
Davis continues serving the remainder of his federal prison term for extortion.
But he no longer faces prison time for the attempted rape charge.
Davis's parents tell News 12 their son has been the victim in this trial.
Lewis Davis, Gerry Davis's Father: "They really don't know our son. We know him, and he was charged a lot of allegations and things from the first trial, on up to now, that he wasn't responsible for!"
The state Attorney General's office may decide to appeal today's ruling.