 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Simmons v. State4/28/2000
On Return to Remand
On September 17, 1999, we remanded this cause to the trial court to conduct a hearing on the admissibility of the deoxyribonucleic acid ("DNA") population frequency statistical analysis evidence. Simmons v. State, [Ms. CR-97-0768, Sept. 17, 1999] ___ So.2d ___ (Ala.Cr.App. 1999). The circuit court has complied with our order, determined that the evidence was admissible, and submitted a written order. The trial court's findings are supported by the record and will be discussed in Part I of this opinion. We deferred addressing the other issues Simmons raised on appeal, pending compliance with our directions on remand. Because the trial court has complied with our directions on remand, we will now address those other issues.
Simmons was indicted for three counts of capital murder. Count I charged the capital offense of murder during the course of a burglary (§ 13A-5-40(a)(4), Ala. Code 1975; Count II charged the capital offense of murder during the course of a robbery (§ 13A-5-40(a)(2)); and Count III charged the capital offense of murder during the course of sexual abuse (§ 13A-5-40(a)(8)). The trial court dismissed Count I, and Simmons was found guilty of the lesser-included offense of murder as to Count II and was found guilty of capital murder as charged in Count III.
The evidence presented at trial indicated the following: During the afternoon of January 2, 1996, Simmons met the victim M.A., a 65- year-old, mildly retarded great-grandmother, at the South Place Pool Hall. The testimony indicated that Simmons did not know M.A. before that day. Jack Neely testified that while Simmons and M.A. were at the pool hall, Simmons engaged him in an altercation. During this altercation Simmons pulled out a knife and threatened to "take [Neely] out and cut [Neely] up." (R. 401.) After the bartender stopped the fight, Simmons and M.A. left the pool hall together. Loretta Chambers, who was also present at the pool hall, testified that she witnessed the altercation and that she heard Simmons tell Neely that he had already been declared legally insane and that he could "cut [Neely] up right then and there and get away with it." (R. 420.)
Betty Harper, a resident at Highland Manor apartments where M.A. lived, testified that at about 4:30 p.m. on January 2, 1996, she saw M.A. enter the lobby of Highland Manor and get on the elevator with Simmons. Harper further testified that during the early morning hours of January 3, she heard an alarm go off inside the building. She testified that the alarm indicated that someone had left the building by the back door.
Jerry Trousdale, a Highland Manor maintenance employee , testified that he rode the elevator with M.A. and Simmons on the afternoon of January 2.
Alma Underwood, a security guard at Highland Manor, testified that on January 3, M.A.'s daughter's requested that she enter M.A.'s apartment to check on M.A. Underwood found M.A.'s body and telephoned the police.
Birmingham Police Officer Charles Underwood, an evidence technician, testified that he investigated the crime scene. According to Officer Underwood, he found M.A.'s nude body blocking the bathroom door. M.A. had been stabbed and disemboweled. Officer Underwood testified that although M.A.'s body was covered with blood, there was no blood on the bottom of her feet and no blood was splattered in the bathroom. He further noted that the bathtub was filled with diluted blood and hairs. Additionally, the toilet was overflowing because it was clogged with M.A.'s intestines. Nothing in M.A.'s apartment appeared to be disturbed and only M.A.'s fingerprints were found at the crime scene.
A search was conducted of
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Alabama DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|