JOHNSTOWN, Pa. (AP) - The state Supreme Court will hear arguments next month on an appeal filed on behalf of a former death row inmate who was released but then sent back to prison three years ago on a parole violation.
Ernest Simmons, 56, was on death row in the 1992 for killing 80-year-old Anna Knaze of Johnstown when an appeals court ordered a new trial in 2009. Instead of going to trial, he pleaded no contest to third-degree murder and was sentenced to 10 to 20 years in that case and two 1984 assaults.
Simmons was paroled but was later imprisoned again after allegations of threats at a Clearfield County hospital. Cambria County prosecutors told The (Johnstown) Tribune-Democrat (https://bit.ly/1iYnQZb ) Monday that they will argue that Simmons’ parole was correctly revoked in February 2011.
Scott Lilly, chief of the appellate division, said the case could affect probation and parole violations since the court will likely determine the definition of assaultive behavior before deciding whether Simmons acted in that fashion.
Defense attorney Thomas Dickey has said his client was just blowing off steam when he made the alleged threats. He said Monday that the case is one of freedom of speech that doesn’t rise to the level of parole violation.
In agreeing to hear the case last fall, the high court noted that the threats weren’t relayed and no action was taken to implement them.
___
Information from: The Tribune-Democrat, https://www.tribune-democrat.com
Please read our comment policy before commenting.