Justice for Benjamin Gray
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In 2013 Benjamin Gray of Coweta County, Ga was arrested of Rape and on 10-24-2014 he was unjustly convicted. Ben has had a life time of sleep walking, sleep smoking, sleep sex with his wife etc.and never thought it was that serious. His friends and ... More ...

In 2013 Benjamin Gray of Coweta County, Ga was arrested of Rape and on 10-24-2014 he was convicted by a jury that requested if they could give him the lesser reckless conduct conviction and was told NO by  judge Dennis Blackmon which is NOT legal by the law of Georgia.  He was wrongly sentenced on Nov. 4, 2014 to 30 years life in prison with chance of parole. Ben has had a life time of sleep walking, sleep smoking, sleep sex with his wife etc..and never thought it was that serious medical condition .His friends and family just thought it was funny because he never remembered anything he did.

Tragically one night Ben and his wife spent the night over with friends and family and during the night Ben got up and walked in the wrong room next door to him and his wifes room and got in the bed with the victim. There was no violence and no one was injured pysically but there was some kind of physical contact. Ben does not know what happened because he was not awake, the victim said she does not know exactly either. She is not even sure if the sex act actually happened as she was supposely asleep and says she's not sure if she got into it because she was dreaming of her boyfriend.

After this Ben went to the leading doctor in Ga, Dr.Walter s. James of the Piedmont Sleep and Heart Instittute of Atlanta, Ga. He was diagnosed with Obstructive Sleep Disorder, Parasomnia,Sleep Sex Disorder, Apnea, ADHD. The Doctor testified that this condition's can cause this type of issue before a person see's they have a serious medical condition.

Being this is a very complex case and only the 3rd in the state with this defence. It was very difficult for the jury to understand the sleep disorder and inspite of the fact the DA did not prove he was awake and he had/has an excellent lawyer "Scott Cummins" they still convicted him.  You will see from the link below that they wanted to vote on the lesser charge of reckless conduct because they wasnt agreeing after 3 hours but the DA would not allow that even though the Judge in this case agreed with his defense attorney. The law in Georgia does NOT require the DA to agree and was not argued and the juries question was not even answered by the judge. 

If you can help the family in any way please donate to the legal funds. They have already spent over $40.000 so far and needs $36.000 for a new lawyer now and if they retrial it will be another $10.000 or more.

Ben is 29 years old and been marride to his wife 4 years and with her 10 years. They are a very happy couple and she wants her husband back home. Ben has always been a hard worker and has never been in any kind of trouble like this before. Not one person on the stand said anything bad about Ben's character as he is a overall great guy and would never hurt anyone. He is not street smart and will be in danger in prison. If you can help we appreciate it and value your prayers the most.

Thank you advance for your help and prayers.

Ben Gray and family

link for disorder:

http://broyhillmemoryfoammattresses.com/wordpress/category/sleep-disorders/

http://www.webmd.com/sleep-disorders/guide/understanding-obstructive-sleep-apnea-syndrome

Link for trial information;

http://www.times-herald.com/local/20141026-Rape-Trial-Verdict-20-Inches-W-Pic\

articles etc..

http://newnanbull.com/2014/10/26/guilty-did-a-jury-under-pressure-change-their-minds-to-appease-the-state-of-georgia/

REALLY? Benjamin Gray was found guilty of rape after an “unusual” trial where his defense team claimed he was sleepwalking and had no recognition of the events. The jury apparently agreed to find him guilty of reckless conduct, but was unsure about the rape charge until told by the judge they had to come up with a verdict on the more serious charge.

http://www.times-herald.com/Local/20141026-Rape-Trial-Verdict-20-Inches-W-Pic

http://www.royblack.com/blog/rip-cross-examination-has-died-in-georgia/

The other w cases in Ga.

http://caselaw.findlaw.com/ga-supreme-court/1108216.html

other cases in Ga.

http://justiceingeorgia.com/peters-rubin-sexsomnia-defense-child-molestation-case/

other cases and information;

http://www.nydailynews.com/life-style/health/swedish-man-pleads-sexsomnia-rape-conviction-overturned-article-1.1948371

http://www.psychologytoday.com/blog/the-superhuman-mind/201212/sleep-driving-anhttp://en.wikipedia.org/wiki/Sleep_sexd-sleep-killing

 http://usobserver.com/archive/aug-11/dekalb-innocent1.html

http://www.dailymail.co.uk/news/article-1085927/How-man-raped-cleared-sleepwalking.html

http://www.webmd.com/sleep-disorders/features/sex-while-asleep

If anyone would like to send a card or letter of encouragement to Ben below is his address: Mail call is highlight of his day.Please address it exactly the way we have below. Benjamin Tyler Gray 1001427319
Central State Prison4600 FULTON MILL RD MACON, GA 31208

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