Man convicted of raping child dies in prison
Nov. 7—A Jackson County man convicted of raping a child has died at age 71 in the Snake River Correctional Institution, where he had been imprisoned since 2006.
John Francis Ross died Sunday afternoon at the prison in Eastern Oregon. As with all deaths of people in custody, Oregon State Police have been notified and the State Medical Examiner will determine the cause of death, Oregon Department of Corrections officials said.
The earliest possible release date for Ross was Aug. 26, 2029, the department said.
Ross, a White City resident, was arrested in 2004 by Jackson County sheriff's deputies on suspicions he victimized a child numerous times in 2003 and 2004. He was 53 at the time of his arrest, according to a past Mail Tribune article.
According to Jackson County Circuit Court documents, Ross pleaded not guilty to a string of charges and went to trial in 2005. A jury found him guilty of first-degree rape of a child under age 12 between June 2003 and June 2004, plus two counts of first-degree sodomy, six counts of first-degree sexual abuse and two counts of possessing sexually explicit material of a child. He was acquitted on another charge of trying to lure a second child into sexual activity.
Ross filed a series of appeals of his conviction, including one in 2020 when he argued through his lawyer that he falsely confessed to the crimes while under the influence of the sleep aid Ambien and other mind-altering medications. He also was taking Viagra, a medication for erectile dysfunction, according to his appeal.
The appeal said the federal Food and Drug Administration issued a warning in 2019 that people who take Ambien can enter a sleepwalking-type state when they engage in activities while still asleep.
"Patients engaging in such activities do so in a blackout with no conscious memory of doing them. These sleep-related behaviors include driving, preparing meals, smoking, painting and engaging in sexual activities," the appeal said.
The appeal said Ross didn't know about the potential side effects of Ambien until recently, so he couldn't have raised that claim earlier in his defense.
"As the result of taking Ambien, the effects of which were potentially increased by his ingestion of other prescription drugs, petitioner falsely confessed to crimes he did not commit. Even if petitioner engaged in the alleged acts, he did so in an Ambien-induced blackout and lacked the mental state required for criminal liability. Petitioner is actually innocent of the crimes that resulted in his false conviction," the appeal said.
A judge ruled that even if Ross took Ambien and falsely confessed while asleep, he would have soon become aware he confessed. Ross could have raised an objection quickly instead of years later.
The judge said there was overwhelming evidence Ross had indeed committed the sexual crimes against the child.
Court documents show Ross said he learned about Ambien side effects while watching an interview with the comedian Roseanne Barr on television.
Barr said she was "Ambien tweeting" when she posted a racist remark on Twitter in the middle of the night. ABC canceled her sitcom "Roseanne" after the post.
Her tweet prompted the company that makes Ambien to respond that racism is not a known side effect of the sleep aid.
In general, intoxication from a prescription medication, alcohol or a street drug does not absolve people of guilt in criminal cases.
Reach Mail Tribune reporter Vickie Aldous at 541-776-4486 or valdous@rosebudmedia.com. Follow her on Twitter @VickieAldous.
