Jacquetta Simmons appeared in Genesee County Court this afternoon on the matter of restitution for her victim, Grace Suozzi, a Walmart cashier who suffered fractured facial bones and other injuries following a Christmas Eve confrontation in the store in 2011.
The upshot is the same money Simmons had been ordered to pay in February -- $100 a month -- is the same amount she will have to pony up on the 26th of every month, beginning Friday, until the restitution of $2,000 is paid.
Her attorney at the time, Earl Keys, had argued that she was not able to make the payments because she'd just been released from jail for her crime and had been unable to find work.
The judge set another restitution hearing and asked for documentation about her efforts to find employment. There's been no progress as far as Noonan could determine.
Nothing much has changed, only months have passed.
Ann Nichols, who had also been one of the attorneys representing her at trial, was with her today and told the judge she had only met with her client on the matter yesterday, and just today was provided with a list of local places where her client has applied for jobs.
(Simmons is now married but her husband's income won't factor in much. His gross earnings are $793 a month.)
Suozzi has yet to see a penny, as far as Noonan knows.
"This victim is entitled to be paid restitution," Noonan said, "and all we've gotten so far are excuses, missed court appearances, and no restitution."
Nichols said one issue that has delayed matters is an appeal of the Jan. 13 restitution order of $100 monthly by Simmons's parents. That has now been withdrawn, and they "will be able to pay $100 as soon as Friday," the attorney said.
"We are moving toward paying restitution," Nichols said.
It was also noted that a payment of $100 was supposedly made in February, and maybe a second such payment, but no receipts were offered.
Noonan said he has no knowledge of any payments being made, but if the money was indeed received by the County Probation Department there will be a record of it and the sum(s) will be deducted from the total owed.
Simmons went to court last month by herself and had only a piece of notebook paper with some hand-written notes about her work search. Noonan told her she needed detailed, documentation of her employment search and inability to find work in order for him to decide whether to lower the amount of monthly restitution. He set another hearing for this afternoon and told her she could bring an attorney with her, or not, her choice.
Keys, it was noted, has moved to Washington State, where he is working in the State Attorney General's Office.