JMU Students' Killer on Trial Again
Mary
mary.
JMU Students' Killer On Trial Again
Richmond Times-Dispatch Feb 7, 2005
Jury selection in a federal death-penalty trial of a man who killed two
James Madison University students in 1996 is scheduled to begin in Abingdon
on Monday.
Brent K. Simmons, 31, was convicted seven years ago of shooting to death his
former girlfriend, Ann M. Olson, 25, and her boyfriend, Keith J. O'Connell,
23.
Because the state's case was based entirely on circumstantial evidence,
Simmons was able in 1998 to reach a plea agreement in which a capital-murder
charge was reduced to two second-degree-murder convictions. He could be out
of prison by 2015.
However, federal authorities last year decided to pursue a death-penalty
case against Simmons after a diver swimming in a lake near Simmons' hometown
of Carlisle, Pa., found a 9 mm Smith & Wesson like the one used in the
double homicide.
A federal grand jury indicted Simmons in March on two counts of using a
firearm in murder and on an interstate stalking count. The charges were
brought under the federal Violence Against Women Act, which means Simmons
could face the death penalty if convicted.
The trial, scheduled to last three weeks, was moved to Abingdon because of
media coverage the killings generated in Harrisonburg.
cro...@earthlink.net
murder, but for the stalking and gun crime...I do think these violate teh
spirit of double jeopardy...
"Mary" <plain...@yahoo.com> wrote in message
news:tu6dndZBsOQ...@comcast.com...
EnEss
> the article isn't very clear to me, but it appears he is not being tried
> for murder, but for the stalking and gun crime...I do think these violate
But that can't be right...the article clearly states he now faces the death
penalty. I know they don't have the death penatly for stalking and illegal
possession of firearms. I don't understand the case either. If the state
agreed to a plea bargain on reduced charges at the time the case went to
trial, it seems to me the door would be closed forever on re-opening the
case down the line. No one would ever agree to a plea bargain if the case
could be re-opened at any time for further prosecution.
I have to say I don't get it either.
cro...@earthlink.net
A federal grand jury indicted Simmons in March on two counts of using a
firearm in murder and on an interstate stalking count. The charges were
brought under the federal Violence Against Women Act, which means Simmons
could face the death penalty if convicted.
"EnEss" <star...@global.net> wrote in message
news:GvMNd.1486$hU7....@newssvr33.news.prodigy.com...
OzzieAnnie
during the plea agreement? He obviously didn't tell prosecutors
where he thru the gun... There must be more to all this. Otherwise
why would a *fed* (v. the state case he was orig tried under, the
way I read it) case be brought now? Odd.
OA
<cro...@earthlink.net> wrote in message
news:5hMNd.3172$oO....@newsread2.news.atl.earthlink.net...
G W Shrub
> But that can't be right...the article clearly states he now faces the
death
> penalty. I know they don't have the death penatly for stalking and illegal
> possession of firearms. I don't understand the case either. If the state
> agreed to a plea bargain on reduced charges at the time the case went to
> trial, it seems to me the door would be closed forever on re-opening the
> case down the line. No one would ever agree to a plea bargain if the case
> could be re-opened at any time for further prosecution.
>
> I have to say I don't get it either.
The Feds are engaged in a war against double jeopardy. Even the Oklahoma
bombing case was a stretch in my opinion.
--
GW
E/C Annie
Mary wrote:
> Wonder why this isn't considered double jeopardy??
> mary.
>
>
http://www.timesdispatch.com/servlet/Satellite?pagename=RTD%2FMGArticle%2FRTD_BasicArticle&c=MGArticle&cid=1031780679249
>
NEWS RELEASE
UNITED STATES ATTORNEY'S OFFICE
WESTERN DISTRICT OF VIRGINIA
-----------------------------------------------------------------
July 26, 2004
UNITED STATES ATTORNEY FILES NOTICE OF INTENT TO SEEK DEATH PENALTY
AGAINST BRENT K. SIMMONS FOR 1996 DOUBLE MURDER OF JAMES MADISON
UNIVERSITY STUDENTS
United States Attorney John L. Brownlee announced today that the United
States will seek the death penalty against Brent K. Simmons for his
commission of the murders of former James Madison University students
Ann M. Olson and Keith J. O'Connell.
On October 12, 1996, Ann M. Olsen and Keith J. O'Connell, two students
at James Madison University, were murdered while in an apartment in
Harrisonburg, Virginia. Both victims had been killed "execution style."
Each suffered two 9 mm gunshot wounds to the head, at close range.
Officers discovered no signs of a forced entry or a struggle. Cash and
valuables were left, in plain view, near the victims. The evidence
indicated that Brent K. Simmons hunted down and killed Ann Olsen and
Keith O'Connell.
At the time of the homicides, Ann Olson was a 25-year old waitress at
Spanky's, a Harrisonburg restaurant. She had come to Harrisonburg from
her family home in Wisconsin to attend James Madison University some
years before. On the day before her death, Ann had successfully
completed a teaching examination.
Keith O'Connell was a 23-year old JMU student who also worked at
Spanky's. Keith had been accepted and attended the United States Air
Force Academy and was studying business at JMU. Keith's family lives in
Long Island, New York. Ann Olson and Keith O'Connell had been dating
each other for several months at the time of the homicides.
In April of 1997, the Commonwealth of Virginia charged Brent Simmons
with two counts of capital murder and the illegal use of a firearm
during the commission of a crime of violence. The evidence at trial
indicated that Simmons, who had been romantically linked to Ms. Olsen,
had traveled from Florida to Harrisonburg with the intent to cause harm
to Ms. Olsen and Mr. O'Connell. At the conclusion of the Commonwealth's
proceedings, the United States reviewed the evidence for possible
violations of federal law.
On March 3, 2004, a federal Grand Jury sitting in Charlottesville,
Virginia returned a two-count indictment against Brent K. Simmons. In
the federal indictment, Simmons was charged with two counts of using a
firearm during the commission of a crime of violence, the interstate
stalking of Ann Olson and Keith O'Connell. Each of those federal
offenses subjects Mr. Simmons to the possible punishment of death.
Since the return of the indictment in this case, the United States
Department of Justice has conducted a review process regarding the
possible punishment of Brent K. Simmons. That process involved
consideration of the double murders for which he stands charged and
material about defendant Simmons submitted by the United States
Attorney. In addition, material submitted by counsel for defendant
Simmons was also reviewed and considered. After reviewing that
material, the Attorney General authorized the United States Attorney to
seek the death penalty against Brent Simmons for the murders of Ann
Olson and Keith O'Connell. As required by the Federal Death Penalty
Act, the United States Attorney filed a Notice of Intent to Seek the
Death Penalty on Monday, July 26, 2004 (a copy of which is attached to
this Press Release). That Notice set forth the specific statutory and
non-statutory aggravating factors on which the United States will rely
in its request to seek the death penalty against Brent K. Simmons. In
the event that Mr. Simmons is convicted of the murders by a trial jury,
the United States will present evidence of the aggravating factors at a
sentencing proceeding before the same jury. The decision as to whether
or not the death penalty shall be imposed against Mr. Simmons will be
decided by the jury. Trial of this matter is scheduled for February 7,
2005, in United States District Court, Harrisonburg, Virginia
http://www.usdoj.gov/usao/vaw/press_releases/simmons_26jul2004.html
EnEss
> Here's the part which explains why it's a death penalty trial:
>
> A federal grand jury indicted Simmons in March on two counts of using a
> firearm in murder and on an interstate stalking count. The charges were
> brought under the federal Violence Against Women Act, which means Simmons
> could face the death penalty if convicted.
Yes, I did read that in the original post, but it still didn't make sense to
me. But I looked into this and now I know why the defendant can be tried
again. It's because now he's being charged in a federal court. Double
jeopardy does not apply in cases where federal authorities seek charges
against a defendant convicted, acquitted or plea bargained in a state court.
The law says something like "state and federal courts are deemed separate
sovereignties" which means the defendant can be tried again on charges of
violating federal laws. The state could not reopen the case with the new
evidence, but federal authorities can if federal laws were violated. It
doesn't happen that often in ordinary murder cases, but I guess the feds
really wanted to make sure this guy gets it good for killing these 2 people.
NS
(add sbc before global to email)