Friday's Internet Edition, November 21, 2008.
|
| Board members of the Texas Forest Trails meet in Rusk Wednesday. Janie Headrick, standing, a Texas Historical Commission representative, talks about the area’s strong points for attracting tourists. |
Palestine Herald-Press - A local state district judge lowered the $1 million bond of accused capital murderer Lionel Simpson to $600,000 following an hour-long hearing Wednesday.
During the hearing, Anderson County District Attorney Doug Lowe asked that Simpson’s bond “not be lowered any lower than $750,000,” while local attorney Bill House, Simpson’s court-appointed counsel, argued a bond between $25,000-$40,000 “would be reasonable.”
“If the court reduces this to a half million ($500,000), we’ve accomplished absolutely nothing,” House said in his final argument to the court.
369th State District Judge Bascom W. Bentley III said he was lowering Simpson’s bond to $600,000 “with more than just a little concern,” but noted on multiple occasions that he had been so instructed by the 12th Court of Appeals in Tyler.
“Certainly in my life in this courthouse ... I don’t think I’ve seen a more serious accusation against anyone, and I’ve sent people to death row,” Bentley said in open court before lowering Simpson’s bond.
Bentley called the crime of which Simpson is accused as being “beyond shock.”
“It is totally unreal,” Bentley said.
Bentley placed several conditions on Simpson should he post bond, including: must remain in Anderson County; must be inside mother’s home between 6 p.m.-6 a.m. seven days a week; no contact with alleged victim’s family, witnesses or reputed gang members; and do not operate a motor vehicle.
Simpson, now 16, is one of four local youths charged with the January 2000 murder of 84-year-old Geraldine Davidson.
Davidson’s body was found floating face down in the frigid waters of the Neches River on the Anderson/Cherokee county border on Jan. 27, 2000. Law enforcement authorities believe Simpson and three other local youths had abducted Davidson from her South Sycamore Street residence around noon the previous day.
Davidson, a former Palestine school teacher and organist at Grace United Methodist Church, had a cinder block tied to her ankles when her body was discovered by a passing motorist traveling to Palestine on U.S. 79.
On May 31, the 12th Court of Appeals in Tyler issued an opinion that Simpson’s bond was excessive and remanded the cause back to the state district court level.
The Court of Appeals’ opinion came after House had appealed an earlier decision by Bentley that Simpson’s bond remain at $1 million.
Each side called one witness during Wednesday’s hearing.
House called Simpson, who testified he had no money or property or any other means to post bond.
Under cross examination, Lowe introduced nine letters the state alleged were written by Simpson during his incarceration at the Anderson County Jail.
Lowe argued that Simpson had written in more than one of those letters that he had money waiting for him if he gained release from jail.
Quoting from one letter he indicated was written by the defendant, Lowe said, “I got $2,000 out there just waiting on me, to put my hands on.”
Lowe said Simpson wrote in another letter to a girlfriend that when he was released from the county jail, “Me and you going to get the hell out of town here, baby.”
In another letter to older brother Danielle Simpson, who is currently on death row, Lowe said Lionel Simpson wrote, “It’s in my blood to wreck shop, baby.”
At the conclusion of his cross-examination of Lionel Simpson, Lowe asked the defendant, “So you don’t pose a danger to this community, do you?”
“No sir,” Lionel Simpson replied.
Lowe then called David Wahoviak, a member of the Palestine Police Department who has studied and followed local gangs for the past 11 years.
Wahoviak testified that approximately 2 1/2 years ago Lionel Simpson admitted to him he was a member of a local gang, the Southside Crypts.
The officer further testified the gang was believed to be involved in numerous types of violent crimes locally, including burglaries, assaults, drug trafficking and ones involving guns.
“Just about everything,” Wahoviak testified.
Lionel Simpson has been held at the Anderson County Jail awaiting trial for nearly 17 months. The sides are currently awaiting a decision from the Court of Criminal Appeals, concerning an appeal made by the state on the admissibility of a statement made by Lionel Simpson to law enforcement authorities shortly after his arrest.
The Court of Criminal Appeals is currently in recess and not likely to issue a ruling on the state’s appeal until sometime in the fall at the earliest.
Simpson was certified to stand trial as an adult more than a year ago.
Also, the trial has been moved to neighboring Cherokee County.
Two other defendants accused in Davidson’s murder already have been convicted.
Last December, a Henderson County jury sentenced Danielle Simpson to die by lethal injection. Three months earlier, Jennifer Simpson, the wife of Danielle Simpson, had accepted the state’s offer of life in prison on the lesser charge of murder after a week of testimony in her Cherokee County trial.
The fourth defendant — a juvenile who was 13 at the time of the alleged offense — is expected to receive a 13-year sentence in exchange for his testimony against the remaining defendants.
Since he was under 17 at the time of the alleged offense, Lionel Simpson is not eligible to be executed under state law.