grand jury – Louisiana v. Vincent Simmons

Giving Rise to Prejudice

Avoyelles Parish, News, Simmons' Media Coverage No Responses »

Jan 082015

Comment

Co-Editor Raymond L. Daye of the Avoyelles Today writes in his article “Simmons wants hearing moved due to judge’s comments” on January 8, 2015, “Vincent Simmons, serving 100 years in Angola for convictions in connection with the rape of two girls in 1977, is seeking to have a hearing on his latest motions moved to another parish due to a judge’s comments about the case.” Read on at http://www.avoyellestoday.com/index.php/news/1871-simmons-wants-hearing-moved-due-to-judge-s-comments

The article also reports about Simmons’ prior mere arrests. Most of them, Simmons had never been indicted and tried for, let alone convicted of. Therefore, what serves this part of the article for other than giving rise to prejudice?

If it is about catching a glimpse of Simmons’ background, is the criminal background of the state’s star witness (who committed perjury at Simmons’ trial) not as important as well? Since newspaper articles only can cover a small fraction of the bigger picture, I am of the opinion that either no prior criminal record is revealed to the public or all involved parties’ background checks are exposed.

Co-Editor Daye reports “Aggravated rape of a juvenile carried the death penalty in 1977. The charges were amended to attempted aggravated rape before trial, removing the possibility of a death sentence.”

It sounds as though District Attorney “Eddie” Knoll, i.e. his wife and Assistant District Attorney Jeannette Theriot Knoll, along with Judge Earl Edwards acted on Simmons’ behalf. Yet, this is not the case at all. Daye once again fails to mention all the relevant facts and I wonder why he does that.

As I explained in detail in the chapter “Change of Charge” of the book Louisiana v. Vincent Simmons: Frame-up in Avoyelles Parish of 2011 (which is available at the local library for review!), the new aggravated rape statute in the aftermath of Gregg v. Georgia, Selman v. Louisiana and Coker v. Georgia replaced the death penalty with a life sentence and became effective on July 10, 1977 – three days after Vincent Simmons’ preliminary hearing and eight days before his trial.

Since Simmons allegedly committed the crime on May 9, 1977, i.e. before this new statute became effective, he had to be sentenced -if found guilty of aggravated rape- as those who were resentenced from the death penalty to twenty years. Now comes the outragous: The law imposed a fifty-year sentence on those who were convicted of attempted aggravated rape, and this is the only reason why the prosecutors and the judge amended the indictment without the Grand Jury’s knowledge, let alone a True Bill, behind closed doors.

Mr. Daye, please read the book before you continue to write half-truths! The public deserves better.

Also see “Routine Character Assassination of Innocents” at http://vincentsimmons.iippi.org/2014/10/02/routine-character-assassination-of-innocents/

“Race Card: Judge Jeansonne’s Last Verbal Bangers” at http://vincentsimmons.iippi.org/2014/12/31/race-card-judge-jeansonnes-last-verbal-bangers/

and the case summary with documents on the Innocent in Prison Project International website at http://cases.iippi.org/vincent-alfred-simmons/.

Race card: Judge Jeansonne’s last verbal bangers

Avoyelles Parish, Court Decisions, Misconduct, News, Simmons' Media Coverage 3 Responses »

Dec 312014

Graphic: Ensuring equal justice under law versa the interlocking of different interests.

Comment

Vincent Simmons told me a while ago that he had mailed a Writ of Habeas Corpus to the trial court at Marksville on October 31, 2014. It was filed on November 6, 2014. He used information contained in the book “Louisiana v. Vincent Simmons: Frame-up in Avoyelles Parish,” which had not been used in any motion before. Simmons says, the court (Judge Mark Jeansonne) ordered the district attorney to answer by December 16, 2014. On December 18th, Judge Jeansonne scheduled a hearing on the motion, reports the Avoyelles Today. But after opening the session, the judge ruled to postpone any further proceedings until next year. Why?

Today is Judge Jeansonne’s last day in office. His second term expires and tomorrow Kerry Spruill is the new judge (Division A) of the 12th judicial district. Spruill is dealing with the case next year. (See his background at http://vincentsimmons.iippi.org/2014/10/24/judge-mark-jeansonne-and-his-successor/)

Now at the end of 2014, Jeansonne does not leave his position without firing his last verbal bangers and using the local newspapers (Avoyelles Today and The Town Talk) to spread half-truths (if not even lies) about the only case before him, which gained not only national but international attention.

The Town Talk article is based on the Avoyelles Today article. Therefore, I only comment on the latter:

The victims’ cousin was not tied up, but allegedly put in the trunk of his own car.
Co-Editor Daye writes, “Then-District Attorney Eddie Knoll amended the aggravated rape indictments to attempted aggravated rape.” For whatever reason Daye does not mention the outrageous: This was illegal, because it was done secretly behind closed doors. There is no True Bill in which the Grand Jury voted on trying Vincent Simmons for attempted aggravated rape. The Grand Jury indicted Vincent Simmons, because the jurors decided that there was evidence of aggravated rape. Accordingly, there was no evidence for mere attempt. However, the “attempt” conviction carried a much longer sentence at that time than an actual aggravated rape conviction. Thus, the Grand Jury should have been called in again to decide on whether or not to indict Simmons for attempted aggravated rape. This never happened, and the people in Louisiana should do know!
The co-editor quotes Jeansonne, “In fact, in the recent judge’s election, one candidate lost many votes because he would not ‘promise’ Simmons a new trial. Judges have to be independent and free from undue influence of any kind.” Does this mean that Judge Kerry Spruill was elected because he promised anything to Simmons’ supporters?! I doubt that Spruill agrees with this allegation or logical conclusion. Yes, elected judges are supposed to be independent, which contradicts itself. Ensuring equal justice under law often clashes with the interlocking of different interests. Why are not all judges (not only federal judges) appointed or obligated to climb up the ladder like other professionals?
Jeansonne complains about Simmons playing the race-card. I do not know who is crying racism, but one thing is certain: When Judge Jeansonne chose to discuss the case publicly on the IIPPI Forum with me, he was the only one who made race a central theme. This alone demonstrates that after all these years he still does not get to the core of the problem in this case. It is about police misconduct, prosecutorial misconduct, judicial misconduct, ineffectiveness of counsel and perjury – not race! But of course, since most Avoyelleans are white, they may feel insulted or annoyed without looking into the case themselves, if they believe what Judge Jeansonne alleges about Simmons and his supporters. Is this Jeansonne’s goal? Does he want to “inflame” the citizens of the parish?

I wonder why Jeansonne talks publicly about a specific case in the first place. I also wonder why this one case is always Simmons’. If Jeansonne is so convinced of Simmons being guilty and just trying to fool everyone, Jeansonne could just lay back, relax and move on with his lawyer life. Why wasting time for nonsense?!

Judge Spruill, please do the right thing! – Does Jeansonne not sleep well at night anymore? It would be understandable, would it not? One simply cannot be convinced of anything that one cannot corroborate with proof, while evidence of the contrary literally jumps at one.

The newspaper articles are entitled:

“Jeansonne has parting words in Simmons’ case”
by Raymond L. Daye, Co-Editor
published Dec. 22, 2014
http://avoyellestoday.com/index.php/news/1830-jeansonne-has-parting-words-in-simmons-case

and

“Change of venue requested after remarks by Avoyelles judge”
by Melissa Gregory
published Dec. 30, 2014
http://www.thetowntalk.com/story/news/local/2014/12/30/change-venue-requested-remarks-avoyelles-judge/21070819/

I have seen somewhere else on the internet that people still ask, why this case has never been properly investigated by law enforcement officers, or why Simmons is denied relief from prison. The answer is in the book “Louisiana v. Vincent Simmons: Frame-up in Avoyelles Parish.” But logically, as you may have seen on the IIPPI Forum, some involved Avoyelleans like Mark Jeansonne would not want you to read it.

This may interest you as well:

http://vincentsimmons.iippi.org/2014/10/24/judge-mark-jeansonne-and-his-successor/

Case summary with documents on the Innocent in Prison Project International website at http://cases.iippi.org/vincent-alfred-simmons/

Book-Review by Jeffrey Collins

Book Reviews/ Feedback, News No Responses »

Jul 022012

Book Cover

By Jeffrey Collins of New York (USA)
June 24, 2012

After reading this well written book [Louisiana v. Vincent Simmons: Frame-up in Avoyelles Parish] by Ms. [Katja] Pumm, I can very much say that she really did her research into a system that is mostly one-sided and very much saturated with lies. I believe that there are not too many people who can write a book about an individual’s innocence and the injustice of the criminal system without experiencing it first-hand. But, Ms. Pumm’s book actually comes really close and I think that is because she has put her heart into it.

I am an individual who has spent twenty (20) years in prison for a crime I did not commit, and that injustice continues as I write this review. So, I do see and understand the plight of Mr. Simmons.

The very first inquiry into a criminal case is the most trustworthy. An individual who looks (investigates) into a criminal case can be certain to find the truth of what happened and if the accused is indeed responsible.

The three (3) alleged victims in the Simmons case were indeed hiding something. I felt that they were untruthful about the gun and knowing the defendant’s name. It is a known fact, once you lie, you have to continue to lie or else the truth will reveal its self in due time. So the three alleged victims had to continue in their untruthfulness, when they were given support by those in authority, which were also family members and politicians.

What should be an eye opener for people who do not really understand what goes on within the legal system, is the fact that a man (Mr. Simmons) could receive 99 [100] years for a charge of attempted aggravated rape of two females, when such a charge was never voted on by the ‘Grand Jury’ who has to vote a true bill before an accused can plea to a charge. Also, if the facts given by the alleged victims state that they were raped, where does attempt fit into the charge?

For those lay individuals of the legal system, in order of a District Attorney to amend an indictment (Change of Charge), it has to present the amendment to the grand jury for them to vote on a superseding indictment. They are not supposed to just change the charge without going through the proper procedures first. But as Ms. Pumm pointed out, this is one of the many abuses that are taking place in the ‘legal’ system to this day. And it goes unnoticed by lay individuals. One of the main reasons why it continues is due to there being no accountability, or shall I say very little accountability by those who violate the law.

The law does not care about the truth of the matter at hand as [an] individual may assume. Law is only concerned with rights and interest of property. This is laws’ (constitutions’) main focus, property rights. Criminal law, as it is called derived from property rights law, which is commercial law. Therefore, criminal law is ‘Legal’ Rules and Procedures of Commercial Law. So, the key to understanding the very much complex criminal law, you must begin with understanding law merchant… They are intertwined.

I thank you, Ms. Pumm, for first being understanding to the plight of those innocent in prison and for this wonderful book.

34th anniversary of a crime that is still being committed, but ignored

Avoyelles Parish, Misconduct, News 4 Responses »

May 222011

Book Cover

If truth was as clear, powerful, and respected as water, Simmons’ actual innocence—demonstrated in the new book “Louisiana v. Vincent Simmons: Frame-up in Avoyelles Parish” by Katja Pumm—would wash him out of the penal system. He has been confined since Monday May 23, 1977—which falls on the same weekday this year.

TIME LINE

MONDAY, MAY 9, 1977 (approx. 9 P.M. – 12 P.M.):
Eighteen year-old Keith Laborde is driving around with his minor cousins Sharon and Karen Sanders in his old car.

SUNDAY, MAY 22, 1977 (approx. 6 P.M.):
Sharon and Karen Sanders report to Sheriff “Potch” Didier, Major Fabius Didier, Captain Floyd Juneau and Deputy Barbara DeCuir at the Avoyelles Parish Sheriff’s Office that a “black man” raped them on May 9, 1977.

MONDAY, MAY 23, 1977:
(7 A.M.): Captain Floyd Juneau’s and Lieutenant Robert Laborde’s shift begins.
(8 A.M.): Juneau and Laborde “decide” to arrest African American Vincent Simmons.
(9 P.M.): Simmons is strolling down Waddil Street in Marksville near the St. Joseph cemetery. Lead investigator Captain Floyd Juneau and Lieutenant Robert Laborde come by in their patrol car and arrest him “on view,” without an arrest warrant, for two counts of aggravated rape. At the Sheriff’s Office, Potch Didier tells Captain Melvin Villemarette to establish a line-up with the arrestee. The line-up consists of one white and seven black persons. Fotos show that Simmons (number 4) is the only one in handcuffs.Keith Laborde, Sharon and Karen Sanders are together in the room behind the mirror and indentify the handcuffed man.
(approx. 9:30 A.M. – 10:00 A.M.): Officers Laborde and Villemarette take the shackled Simmons upstairs to the ID room. They do not interrogate him. Vincent Simmons refuses to sign a confession that Laborde has formulated. Lieutenant Robert Laborde shoots Simmons in his left chest missing the arrestee’s heart by three inches. Several colleagues and the sheriff witness the scene seconds later. Laborde and Villemarette allege that Simmons took Villemarette’s gun and tried to shoot them.
Before the shooting, Keith Laborde begins to give his statements to Deputy Barbara DeCuir and Captain Floyd Juneau.
Coroner F. P. Bordelon arranges for the shooting victim to be rushed to the Huey P. Long Hospital in Pineville, Louisiana. Simmons is unconscious. Lieutenant Laborde’s weapon is released for investigation.

District Attorney “Eddie” Knoll calls the victims’ family at the house of Keith Laborde’s father.Sharon and Karen Sanders give their handwritten statements.
Judge Earl Edwards now orders to arrest Vincent Simmons for the rape of Sharon and Karen Sanders. The police officers take fotos of Keith Laborde’s car and the alleged crime scene on Little California Road. Lieutenant Robert Laborde writes a supplementary report concerning the “offense” of the “investigation and shooting of Vincent Simmons” in Captain Villemarette’s and his own name.

TUESDAY, MAY 24, 1977:
Coroner F. P. Bordelon examines both girls and discovers that one of the girls’ “hymen was in tact and I was unable to insert one examining finger.” The twins mention the name “Vincent Simmons” for the first time while telling Dr. Bordelon what happened on May 9, 1977.Captain Juneau and Lieutenant Laborde request a search warrant for the homes of two of Simmons’ sisters. They seek “maroon trousers, silk looking shirt with tassle like appendages” and a “brown handle pistol about six or seven inches long.“

WEDNESDAY, May 25, 1977:
(2:30 P.M.): Captain Floyd Juneau seizes a “black shirt with ruffles,” a “pair maroon jeans,” and a “pair of double knit pants (maroon in color)” at Simmons’ common law brother-in-law’s house. The investigators Floyd Juneau and Robert Laborde charge Vincent Simmons with two counts of aggravated rape and two counts of attempted murder.

FRIDAY, MAY 27, 1977:
Four days after the shooting, Vincent Simmons is released from hospital. Sheriff deputies take him back to Avoyelles Parish and put him in a one man jail cell at the Sheriff’s Department.

FRIDAY, JUNE 10, 1977:
The Grand Jury of Avoyelles Parish indicts Vincent Simmons for two counts of aggravated rape and two counts of attempted murder and returns a True Bill.Coroner F. P. Bordelon formulates his findings about his medical examination of the two fourteen-year-old girls in his written reports addressed to District Attorney “Eddie” Knoll.

THURSDAY, JUNE 23, 1977:
Public defender Harold Brouillette files a Motion for Preliminary Hearing. Judge Earl Edwards orders that “a preliminary hearing be held in the case of State of Louisiana vs. Vincent Simmons on the two counts of aggravated rape on the 7 day of July, 1977, at 1 o’clock P.M.” WEDNESDAY,

JUNE 29, 1977:
The United States Supreme Court rules in Coker v. Georgia that the death penalty is unconstitutional for the crime of rape.THURSDAY, JULY 7, 1977 (1 P.M.):
After the preliminary hearing, Judge Edwards schedules Simmons’ trial for July 18, 1977.

THURSDAY, JULY 14, 1977:
Assistant District Attorney Jeannette Theriot Knoll files a Motion to Amend Indictment. She requests that the indictment of two counts of aggravated rape be amended to two counts of attempted aggravated rape. Judge Edwards signs the motion behind closed doors–without a second Grand Jury hearing.
Note: now after the decision in Coker v. Georgia, aggravated rape only carried a twenty-year sentence per count upon conviction because there was no other law in the books yet. Attempted aggravated rape, however, would imprison Simmons for fifty years per count, if convicted.

MONDAY, JULY 18, 1977: jury selection

TUESDAY, JULY 19 and WEDNESDAY, JULY 20, 1977: trial. It ends with a guilty verdict.

THURSDAY, JULY 28, 1977:Judge Earl Edwards imposes a one hundred-year sentence (fifty years for each count, to run consecutive).

Case summary with documents on the Innocent in Prison Project International website at http://cases.iippi.org/vincent-alfred-simmons/

Enjoy this blog? Please spread the word :)