Simons set free after court threw out conviction

BY MICHAEL BOOTH

GAZETTE-TIMES REPORTER

Michael Simons ran like a free man after being released out the back door of the Benton County jail on Friday morning. But his first action after spending four years in prison was to dart across the street to see a parole officer.

Simons, 27, confessed to the rape, sodomy and sexual abuse of one Alzheimer's patient and the sexual abuse of two others between Dec. 1, 2003, and Jan. 31, 2004. All three patients were in his care at the Samaritan Heart of the Valley nursing home at the time. He was convicted of the crimes, in addition to misdemeanor sexual assault of two female coworkers, in June 2004 and was sentenced to 98 years in prison.

Simons contested his conviction before the Oregon Court of Appeals. Last September the appeals court vacated all charges except three misdemeanors

involving his coworkers. The Oregon Supreme Court on Jan. 23 decided not to hear a further appeal of the decision by the Benton County District Attorney's Office, and Simons' sentence was effectively overturned.

The Oregon Court of Appeals decision was based on an interpretation of a state statute that requires corroborating evidence to accompany a confession. The court determined the corroborating evidence was insufficient.

Friday morning, Simons was back in Benton County Circuit Court in front of Judge Janet Holcomb, who originally sentenced him to what amounted to life in prison.

"Despite the decision of the Court of Appeals, I believe you present a very serious danger to vulnerable members of society," Holcomb told Simons.

Simons was given credit for the four years that he already has spent in prison. Although Holcomb resentenced Simons to two and a half years in prison and five years of parole for the remaining charges on Friday, the credited prison time means he only has three and a half years of supervised parole left to serve.

In court, defense attorney John Rich told Holcomb she had previously sentenced Simons to three years for the misdemeanor charges and the resentencing amounts to an illegal action.

"(Simons) understands his appeal rights and will be appealing again," Rich told Holcomb. "Apparently, that's what you want to happen."

Holcomb said the court had the right to resentence Simons, adding the parole time, because the first sentence was handed down with the understanding that Simons would be serving a life term. She added that the Oregon Court of Appeals decision to vacate 21 of the 24 charges against Simons included the legal term "remanded for resentencing," which she interpreted as meaning that she was free to change the sentence on the remaining charges.

Holcomb also stipulated that Simons register as a sex offender, undergo psychological and regular polygraph testing, complete sex offender treatment and have no contact with either the victims or their families.

Offered a chance by the judge to speak before sentencing on Friday, Simons had nothing to say.

Benton County District Attorney John Haroldson said the statute relating to the requirement for a confession to have corroborating evidence creates a crisis that calls for a quick response from the Legislature.

"This (case) casts a spotlight on an area of our criminal justice system that is left open to victimize with impunity," Haroldson said.

Ronda Hauser, the daughter-in-law of one of Simons' elderly patients, says she is in contact with state legislators in Benton and Linn counties to push for a change in the statute relating to the corroboration of evidence when the victim is especially vulnerable.