Mississippi: Judge: Questions exist about inmate's mental state

By Jack Elliott Jr. Associated Press JACKSON, Miss. (AP) -- A federal appeals panel says it stopped Mississippi's execution of Robert Simon Jr. partly because the state refused to let doctors hired by the inmate's lawyers to interview him and render a decision on his mental competency. The comment came in an order filed late Wednesday giving both sides until June 6 to file supplemental briefs in the case. Simon was sentenced to death for the 1990 slaying of members of a Quitman County family. The execution was blocked hours before its scheduled time Tuesday. In Wednesday's order, the three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans criticized the state's handling of Simon's case. Simon's lawyers had contended that Simon is incompetent because he seems to have suffered a "significant neuropsychological event," likely some kind of blow to the head, on Jan. 7 and that this has caused his memory to be severely impaired. The affidavits and medical records submitted on Simon's behalf indicate that he has become unable to remember many things, such as his own age and birthday, the identity of the lawyer who has represented him for more than ten years, and basic information about his legal situation, including the fact that he was scheduled to be executed. The state attorney general's office contended the issue of Simon's mental health had been exhausted in appeals rejected by both Mississippi and federal courts. The 5th Circuit panel said the Mississippi Supreme Court allowed Simon's lawyers access to his medical records but would not allow a doctor hired by Simon to see him. The panel said the doctor's affidavit about Simon's competency was based only on the medical records, while the attorney general's office was allowed to submit affidavits from doctors who had talked to Simon, the panel said. The Mississippi Supreme Court ruled against Simon and set the execution date. A federal judge in Mississippi refused to stop the execution. The panel said it was concerned that the deficiencies in Simon's petition was created by the state by refusing to let a doctor hired by the defense to see Simon. "In such a situation, a holding that Simon's evidence does not amount to a 'substantial threshold showing' might be tantamount to holding that a state can always prevent a petitioner from making such a showing by simply forbidding his experts from examining him," the panel said. The panel also said the Mississippi court's decision that the Simon's medical records showed nothing neurologically abnormal was contradicted by the prison medical records. "On the basis of the record before us, we find that Simon has met his burden of showing a substantial likelihood that he will be able to prove that the Mississippi Supreme Court's decision was objectively unreasonable. The evidence submitted by Simon could rationally support an inference by a reasonable trier of fact that Simon lacks a factual awareness of his impending execution, any memory of the crime he committed, a factual awareness of the State's reasons for executing him, and a rational understanding of the connection between his crime and his impending execution," the panel said. The attorney general's office did not immediately respond to a request for a comment. Attorney General Jim Hood has said he expects the panel to allow Simon's execution. Simon, now 47, was convicted and sentenced to death in the 1990 slayings of Carl Parker; Parker's wife, Bobbie Jo; and their 12-year-old son, Gregory. The killings occurred a few hours after the family had returned to their rural Quitman County home from church services. Simon also was sentenced to life in prison for the killing of 9-year-old Charlotte Parker, daughter of the slain couple. Simon and Anthony Carr, now 45, were both convicted of the killings. Carr is also on death row. Published: Fri, May 27, 2011