December 29, 2008
Death-row inmate Eric Simmons of Lake poorly served by defense, appellate lawyers say
TAVARES - Appellate lawyers for a Mount Dora man on death row argued this week that he was convicted of murder and sentenced to die because his trial lawyers failed him.
Lawyers David Hendry and James Driscoll say Eric Simmons, now 34, was denied effective assistance of counsel, a common argument raised by condemned prisoners.
Prosecutors countered the claim, pointing out that Simmons confessed to the murder of Deborah Tressler, 48, who worked at a coin laundry on State Road 46 in Sorrento until she was bludgeoned and stabbed to death Dec. 1, 2001.
After Lake County sheriff's detectives had informed Simmons that they found her blood in his car, Simmons told them, "Well, I guess if you found blood in my car, I must have did it." The statement was a key part of his trial.
But Hendry and Driscoll, assigned to Simmons' death-penalty appeals, cast doubt on the incriminating remark, using testimony from Richard Leo, a law professor and author of a book that claims police deceit and trickery can coerce false confessions.
He spent more than 100 hours reviewing Simmons' case.
"I believe coercive techniques were used," said Leo, who testified from his office in California via live-video feed.
Lake Circuit Judge T. Michael Johnson has not ruled on Simmons' latest appeal.
Shackled and wearing orange jail togs, Simmons listened quietly to Leo and a parade of other witnesses who offered testimony that suggested his previous lawyers could have done more in his defense.
Simmons is among 10 people on death row sentenced to die after a jury trial in Lake County.
Richard Henyard of Eustis died by lethal injection in September, the most recent prisoner executed by the state.
Henyard was convicted of first-degree murder in the 1993 killings of sisters Jasmine and Jamilya Lewis and the rape and shooting of their mother.
The killing of Tressler, while lesser known, is similar in its brutality. Medical examiners found more than 50 wounds on Tressler, who was beaten, stabbed and sodomized.
Her body was found in a wooded area Dec. 3, two days after she disappeared from work.
Simmons, who did not testify during his trial, has maintained his innocence. A previous appeal was rejected by the Florida Supreme Court, and the U.S. Supreme Court has declined to review his case.
Members of Tressler's family watched this week's proceedings.
Stephen Hudak can be reached at shudak@orlandosentinel.com or 352-742-5930.
Mixx it!
Copyright © 2008, Orlando Sentinel
Front Page
Popular stories
- Florida's loss of clout in D.C. could prove costly
- Threat of invasion puts world on edge
- More students get state to pay private tuition
- Magic march into Pistons' Palace trying to erase ghosts of playoff past
- Man arrested in shooting death of step-father
- Angry wife jailed after biting husband's you-know-what
- Slain DeBary woman's father: 'To the day she died, she never felt he would harm her'
- Florida legislators ponder future of state's Bright Futures college scholarships — again
- Scott Maxwell: Who is the most powerful person in Central Florida?
- Ocoee man, 91, shoots at, repels home invaders who threatened his wife
The latest breaking news ...
Say It: Dolphins are AFC East champs
Man arrested in shooting death of step-father
Raiders top Buccaneers 31-24 to eliminate Tampa Bay from playoffs; Cadillac Williams hurt
Buccaneers' Cadillac Williams carried off the field during 4th quarter against Raiders
Jerry Greene: Despite last-minute pleas from WKMG GM, Jaguars trumped Dolphins game
Powerball changes coming before tickets go on sale in Florida
FBI launches investigation into missing Miami cruise ship passenger
Missing Leesburg man with Alzheimer's found
Hit-and-run motorist who left teen bicyclist in critical condition sought
2-year-old boy found sleepwalking in street in Miami
 | |
|
Visit your neighborhood! Catch the latest news and publish photos, events and announcements. Go now!
| |
We encourage conversation about our stories and hope you will share your thoughts. We do have some rules of the road: no comments that are obscene, sexual in nature, racist or otherwise inappropriate. If you post such comments, we will remove them.
Note: Not all stories have active discussions. Click here to view all discussions