The Story of Eric Frimpong
March 24, 2008
By Kim A. Seefeld, trial lawyer and former prosecutor
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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6 Responses to “The Story of Eric Frimpong”
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Kojo, can you please talk about this case on your show. I believe Eric Frimpong needs more support from Ghanaians.
As a Kansas City Wizards fan and supporter of soccer, I had been following this case closely. Thank you for your take and any publicity that it generates.
Kojo, this story needs more publicity than it is getting. we need to fight for our nationals
I am not surprised at this. Some whites are so prejudiced they will want to see all blacks hanged. Of course there some whites who are fantastic and give reason to why we should not get angry at their other white colleagues. I think that if the narration here is anything to go by, then the authorities at the Commission for Human Rights and Administrative Justice should immediaterly intervene and see to the non inculpation of this boy. Remember what the Brirtish did when those teenage girls were arrested in respect of the cocaine at the airport. They descended on Ghana and did all in their power to free them. Let us do all what is in our power to let all Ghanaians over the world know that we care for them. The American Embassy is here in Accra. A small civil protest will send enough message to Obama’s America. Thank God they are getting out of the Bush
Kojo try get some details on this case and give ur support to free this Ghanaian national. its my prayer that God will help Eric to gain his freedom. i Know he did not do any wrong. Your former Civil Engineering classmates in KNUST support you and are praying for your release
All I want to ask is has CHRAJ not heard of this story, if this was an American and it happened in Ghana you will see the action they will take and it will be headline news on CNN and Fox, I wonder if it has even appeared on GTV. This tells you how we joke in this country, the CHRAJ do something about this ASAP and make sure he is released, we have had enough of this racism and its about time we stood our grounds.