Simmons comes ‘home’ after 40 years

For hearing to recuse Spruill from appeal of 1977 conviction

It’s been over 40 years since Vincent Simmons sat in a courtroom. It has also been 40 years since he has been in his home parish of Avoyelles.

The man who was accused of raping two 14-year-old twins in May 1977 -- and tried, convicted and sentenced on the lesser charges of attempted aggravated rape -- was back in Marksville this past Wednesday with family, friends and supporters packing the 12th Judicial District courtroom of Judge William “Billy” Bennett.

Simmons, 65, of Mansura was wearing an orange prison jumpsuit and sitting in a wheelchair. He talked to family members briefly after the 15-minute hearing was adjourned. His attorney, Robert "Bobby" Hjortsberg of New Orleans, said he does not know why Simmons was in a wheelchair.

"Vincent suffers from several medical conditions," Hjortsberg said, adding that the wheelchair may have been used to make his transportation from Angola Prison to the courtroom easier for him.

The motion at hand was to remove Judge Kerry Spruill from hearing any of Simmons’ appeal motions. Hjortsberg contends Spruill’s connections with former District Attorney Eddie Knoll are a conflict of interest sufficient to recuse the judge from hearing motions in the case.

Spruill was the only witness in the hearing. He was pulled from his Division “A” bench to answer Hjortsberg’s questions.

Spruill said his first job after obtaining his law degree was with the District Attorney’s Office, being hired on Aug. 1, 1978 -- over a year after the Simmons case. He admitted to being a friend of Knoll but could not recall ever discussing the Simmons case with Knoll.

Spruill said he does not recall doing any work related to Simmons' appeals or other aspects of the case in his previous term as judge in the late 1990s.

He said his knowledge of the case and relationship with Knoll would not prevent him from being fair and impartial in hearing any appeal motions.

Bennett gave Hjortsberg 15 days to file additional information to support his motion. The DA’s Office will have 15 days after that to respond to those arguments. Bennett said he would then issue a written ruling within 15 days after receiving the prosecutor’s response.

The next motion to be considered is a request for an evidentiary hearing to take sworn in-person testimony of a woman who says Simmons was at a Marksville bar all night the night the twins said they were raped. If that is allowed, the court would then decide whether to uphold the conviction, vacate the sentence or order a new trial in the 40-year-old case.

The hearing took 15 minutes from gavel to gavel.

AVOYELLES JOURNAL
BUNKIE RECORD
MARKSVILLE WEEKLY

105 N Main St
Marksville, LA 71351
(318) 253-9247

CONTACT US