Can't possibly be true

. An Oregon district attorney's office set out two years ago to prosecute David Simmons for having sex the year before with his girlfriend, then 14, while he was 17. A grand jury in Jefferson County refused to indict Mr. Simmons, but the prosecutor acted exactly like the indictment had gone through, and no one, even Mr. Simmons, noticed the mistake. Only when Mr. Simmons agreed to plead guilty in exchange for a 30-day sentence in October 2006 did the news finally reach the foreman of the grand jury that had "no-billed" Simmons, and the foreman's complaint caused the judge to dismiss the conviction. However, in December 2008, prosecutors in neighboring Lane County charged Mr. Simmons anew for that 2005 tryst, claiming that "double jeopardy" does not apply because the Jefferson County case never legally happened (in that Mr. Simmons was never really indicted).