There is another delay for a hearing to determine the constitutionality of the elder abuse law being used to prosecute 26-year-old Jacquetta B. Simmons for allegedly punching 70-year-old Grace Suozzi on Christmas Eve at Walmart.
The Attorney General's Office, which has the option of offering its opinion on the constitutionality motion by Attorney Earl Key, contacted Judge Robert C. Noonan today and asked for more time to further review the case.
Whether the AG's office will offer a defense of the law, either in writing or in a court appearance, has yet to be determined.
The hearing date has been rescheduled before and was on the court calendar for today, but has now been moved to 11:45 a.m., July 30.
Today was also the last day Simmons had to accept a plea offer from the District Attorney's Office or be left with only two options, go to trial or make an unconditional plea.
The offer Simmons turned down today was to plead guilty to the second count of the indictment -- the Class D felony assault charge with the elder abuse provision -- and let Noonan determine her fate.
Under the plea offer, Simmons wouldn't serve more than three-and-a-half years in prison, but Noonan would have had the option for a community-based sentence (meaning a little one-day jail time and probation).
Also, the date of the trial -- originally set to start on Aug. 20 is now in doubt. Even though Key originally agreed to the date, it turns out he also has a trial scheduled in Erie County that week.
Noonan's clerk will contact the Erie County clerk to determine whether the other trial can be moved to another date, or if the Simmons trial needs to be rescheduled.
