JACKSON — Lawyers for Gary Carl Simmons want the Mississippi Supreme Court to stop his scheduled June 20 execution.
They say more time is needed for two mental health evaluations and an appeal based on their results.
On June 5, the court set the execution date for Simmons. The 49-year-old was convicted of shooting and dismembering Jeffrey Wolfe in August 1996 in Pascagoula. Also June 5, the court granted Simmons' requests for evaluations by a forensic psychologist and a neuropsychologist.
Lawyers argue Simmons suffers mental illness and was abused as a child. If evaluations support those claims, lawyers want the court to order Simmons resentenced, giving him a chance to avoid execution by lethal injection. The evaluations haven't been conducted before now because the state Department of Corrections won't allow them without a court order.
However, lawyers said in court papers filed Monday that there's not enough time before June 20 for evaluations and an appeal. They said that under typical Mississippi prison rules, Simmons won't be able to see experts in the last 48 hours before his scheduled execution at the Mississippi State Penitentiary in Parchman.
"Mr. Simmons' counsel have been diligently attempting to work within the time frame set by this court; however it cannot be done," the lawyers wrote in their motion to the Supreme Court.
Lawyers wrote that the forensic psychiatrist they hired can't evaluate Simmons until Friday. Their second choice could go as early as Wednesday, but couldn't provide a report until the day Simmons is scheduled to be executed.
The neuropsychologist engaged to examine Simmons can't evaluate him until Friday. An alternate choice said he couldn't come within the time frame at all.
Both professionals said there's only enough time to conduct preliminary evaluations, not all the testing that may be needed. The evaluators also warned that three or four days is not enough time for them to write their reports.
The lawyers argue that Simmons' right to due process would be violated if they and their experts don't get enough time to do their work properly.
"Inherent in this decision to grant Mr. Simmons access to his experts, this court must have recognized the existence of at least the possibility that such evaluations and testing would produce relevant results in the form of potential mitigation evidence or otherwise," the lawyers wrote.
Simmons was convicted in the murder of Wolfe, who had gone to collect a drug debt from Simmons at his Pascagoula home. Timothy Milano, Simmons' co-defendant and the person authorities said shot Wolfe, was convicted on the same charges and sentenced to life in prison.
Simmons had work as a grocery store butcher when he and Milano were charged with killing Wolfe. Police said the pair kidnapped Wolfe and his female friend and later assaulted the woman and locked her in a box. Police said they later found parts of Wolfe's dismembered body at Simmons' house, in the yard and in a nearby bayou.
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