Who ever thought she would be out and able to shop on Christmas Eve this year....
State sends out notice that Jacquetta Simmons released from prison pending appeal
Submitted by Howard Owens on December 14, 2012 - 7:23pm
New York's VINE service has sent out a notification that Jacquetta Simmons, inmate ID 12G0988, was released from prison today.
Simmons was released under a court order signed by Associate Justice Rose Sconiers, Appellent Division, 4th Department. Sconiers ordered the release, on $50,000 bond, pending an appeal by Simmons that the five-year prison sentenced handed down by Judge Robert C. Noonan is overly harsh.
Representatives of Simmons posted the bond for Simmons yesterday and Noonan signed the release order.
Under the terms of Sconiers' order, attorneys for Simmons have until May 31 to "perfect" the appeal -- meaning produce a brief on all the points of law relative to the items under appeal, which includes both the term of her sentence and whether Simmons received a fair trial.
A three-judge panel of the NYS Supreme Court will conduct a hearing on the points of appeal and render a decision at a later date. What happens next for Simmons will depend on the outcome of the appeal.
Simmons was convicted by a jury following a weeklong trial Aug. 24 of second-degree assault under a section of the law that covers an assault by a much younger person hitting and injuring a person 65 or older.
At the time of the Christmas Eve confrontation last year between Simmons and Grace Suozzi, a Walmart cashier, Simmons was 27 and Suozzi was 70.
Appeal releases can and have contained conditions. Since Ms. Simmons guilt is not in question, only the length of sentence, perhaps Judge Sconiers could have added some appropriate and creative conditions. My first thought would be that Ms. Simmons be required to spend Christmas Eve and Christmas Day at an Emergency Room assisting folks who are forced to spend their holiday in the hospital. Then for the duration of her release, an appointed number of hours each week aiding assault victims and those who professionally care for them.