A March 20 pre-trial conference has been scheduled for Cory Simmons, the Joplin High School student charged with involuntary manslaughter in connection with the Feb. 11 traffic accident in which JHS student-athlete Christina Freeman, a passenger in the car Simmons was driving, was killed. Joplin police say Simmons was driving while intoxicated.
The hearing has already been delayed twice.
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This hearing has NOT been delayed twice, this is the first time a hearing has even been set. Please be advised that not every court appearance is a hearing or a trial. To set the record straight let me explain what has happened to date: On 2/12/06 Simmons was charged; On 2/14/06 a pre-trial conference was held and Simmons, who was unrepresented at the time, was arraigned; On 2/21/06 Simmons retained an Attorney who entered into the case; On 2/28/06 a pre-trial conference was held and continued to allow the Defense Attorney (who was present at this conference) to confer with the Prosecuting Attorney (who was not present, rather an Assistant PA was present who had no authority to do anything on Simmons’ case); and, finally, on 3/8/06 another pre-trial conference was held at which time Simmons elected not to waive his right to a Probable Cause hearing and thus a PC Hearing was set (for the first time) for 3/20/06. If you check Missouri Casenet on-line you can see for yourself the PA did not subpoena any witnesses until 3/10/2006, which should be a clue that the PA was not prepared to hold any hearings prior to that time.
Now let me give you a road map for will most likely happen in the future: On 3/20/06 a PC Hearing will be held. At this hearing the PA must put on just enough evidence to make the Associate Circuit Judge think that there is probable cause to believe that a crime has been committed in Newton county and that the Defendant committed the crime. I would point out that this is NOT the trial to determine guilt. Rather, all that happens at the end of a PC Hearing is, if the Associate Circuit Judge believes that PC exists to warrant the case going forward (which Judges almost always find to be the case) then the Associate Circuit Court judge has the Defendant bound over for arraignment in Circuit Court (which is the court with jurisdiction over felonies). So, a couple of weeks later the Defendant will appear in Circuit Court to be formally arraigned and enter a plea. Assuming the Defendant has the audacity to enter a “Not Guilty” plea then a Trial date will be set (probably about early to mid summer). The Court will also set a date to hear pre-trial motions sometime prior to the trial date. However, before the trial date will be set the Defendant may elect to have a Change of Judge and/or a Change of Venue. If the Defendant elects to do this (and I’m betting he will at least do a Change of Venue) then a new venue and/or judge must be assigned before a trial date can be set.
I should also warn you that after a trial date is set there may be continuances (subject to Court approval) while the Defense Attorney conducts discovery and prepares a defense. However, rest assured that eventually a trial will occur but it probably will not be until mid or late summer. Furthermore, inasmuch as the Defendant cannot make bail, he will most likely sit in jail while his case works its way through the system (so, I suspect he is not inclined to have his case unnecessarily delayed).
Of course, a plea bargain could occur prior to a trial date but given the public (i.e., political) nature this case has taken I doubt either side will bend enough to allow a deal to occur. Thus both sides will get to endure what neither really wants, which is a drawn out court drama. I might add that the end result of such a proceeding is not nearly as certain as those of you who do not have experience with the court system (or all the evidence) seem to think.
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