Mental health

MISSISSIPPI – Gary Carl Simmons – Execution June 20 – Update EXECUTED 6:16 p.m

Last Statement

“I’ve been blessed to be loved by some good people, by some amazing people. I thank them for their support. Let’s get it on so these people can go home. That’s it,” Simmons said as he lay strapped on a gurney in the execution chamber moments before the procedure was carried out.

June 19, 2012 Source : http://www.clarionledger.com

Attorneys for a former butcher convicted of dismembering a man over a drug debt and raping a woman he locked in a metal box have asked the Mississippi Supreme Court to stop Wednesday’s planned execution.

Gary Carl Simmons Jr. is scheduled to be executed Wednesday at 6 p.m. CDT for the 1996 killing of Jeffery Wolfe, whose body was found in pieces in a Jackson County bayou. Simmons also was convicted of kidnapping and raping Wolfe’s friend and sentenced to life on those charges.

Simmons lawyers said in a motion Tuesday that recent mental exams show he has long-term substance abuse problems, post-traumatic stress disorder and “mild executive-level brain dysfunction.” They also argue that his previous lawyers didn’t do a good job.

The attorney general’s office has argued in the past that Simmons’ sanity “is not in question.”

Simmons’ current attorneys say his trial lawyers didn’t explore mental health problems for sentencing purposes and the issue wasn’t properly raised by previous appeal lawyers.

The motion filed Tuesday said that until recently, Simmons “had never undergone a mental health evaluation for the purposes of developing mitigating evidence.”
Simmons’ previous appeals have been rejected by Mississippi courts and the U.S. Supreme Court.

When the Mississippi Supreme Court set Simmons’ execution date on June 5, the justices also gave him permission to get two mental health exams. Simmons’ lawyers later asked for a two-week delay of the execution, saying more time was needed for the tests and to file appeals based on those results. The court declined that request in a 6-2 decision on June 14.

Court records say that Simmons planned the death and dismemberment of a drug dealer because he didn’t have the money to pay him for marijuana.

Wolfe and his female friend went to Simmons’ house in Jackson County on Aug. 12, 1996, to collect the debt estimated at up to $20,000. Timothy Milano, Wolfe’s former brother-in-law, shot Wolfe numerous times with a .22 caliber rifle inside Simmons’ home, according to court records.

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June 13, 2012 Source : http://www2.wkrg.com

JACKSON, Miss. (AP) – The Mississippi attorney general’s office says a death row inmate’s recent request for mental health testing is meant only to delay his execution, scheduled for Tuesday.

Gary Carl Simmons‘ lawyers have asked the Mississippi Supreme Court stay his execution because they say more time is needed for two mental health evaluations and an appeal based on their results.

On June 5, the court set the execution date for Simmons, but granted his requests for evaluations by a forensic psychologist and a neuropsychologist.

The Mississippi attorney general’s office argued Wednesday the request for mental evaluations is a delay tactic and the court should rescind the order and deny a stay.

The 49-year-old was convicted of shooting and dismembering Jeffrey Wolfe in August 1996 in Pascagoula.

Related articles

Mississippi Supreme Court sets execution date for Gary Carl Simmons Jr.- June 20

June 5, 2012 source : http://www.therepublic.com

JACKSON, Miss. — The Mississippi Supreme Court set a June 20 execution date Tuesday for 49-year-old Gary Carl Simmons Jr.

The court set the date and granted Simmons’ request for in-person contact visits with a forensic psychologist and a neuropsychologist for the purpose of conducting mental health evaluations. His attorneys had argued that the mental evaluation was necessary because Simmons may have post-traumatic stress disorder or other illnesses and had suffered from abuse as a child.

Simmons was convicted for shooting and dismembering Jeffrey Wolfe, who was killed in August 1996 after going to Simmons’ Pascagoula home to collect on a drug debt.

Timothy Milano, Simmons’ co-defendant and the person authorities said shot Wolfe, was convicted on the same charges and sentenced to life in prison.

Simmons worked as a grocery store butcher when he and Milano were charged with killing Wolfe. Police said the pair kidnapped Wolfe and his female friend and later assaulted the woman and locked her in a box. Police later found parts of Wolfe’s dismembered body at Simmons’ house, in the yard and in a nearby bayou.

Simmons also argued his original lawyers were ineffective at trial and that he never later had lawyers good enough to point out shortcomings.

In addition, he argued his legal cause suffered in part because of ineffective assistance by Bob Ryan, formerly head of the state office meant to handle post-conviction appeals for people sentenced to death.

The state’s high court, however, denied Simmons’ request to challenge the performance of prior post-conviction counsel.

FLORIDA – UCI and FSP Death Row Raiford – New Housing rules

June 8, 2012 Source : http://www.dc.state.fl.us/

New Housing Rules

In addition to Florida Administrative Code (FAC) Chapter 33 and FDC Procedures you will be expected to comply with these instructions. Failure to comply may result in the loss/suspension of privileges and/or disciplinary action. Your acknowledgement and compliance with these instructions will be an indication of positive adjustment and a benefit to you. Should you have any questions: contact a staff member within your unit for clarification. FAC Chapter 33 and FDC Procedures are available for checkout in each unit. Items checked out must be returned on the same shift as issued. Inmates will be responsible for lost or damaged items they have checked out.

1) Inmates will follow all orders given by an employee at any given time.

2) Inmates are to conduct themselves in a quiet and orderly manner at all times. There will be no yelling or loud talking from cell to cell, out of windows to inmates or staff. Additionally there will be no talking during counts of after lights out. Inmates are not permitted to yell to staff members to gain their attention unless there is true emergency.

3) Inmates are not permitted to talk or in any way attempt to communicate with other inmates while being escorted outside of their cells. This includes, but not limited to – showers/haircut, recreation, hearings, callouts/appointments and work/education assignments.

4) Inmates are not permitted to communicate or attempt to communicate to anyone outside of the housing unit to include those times when inmates are escorted outside the unit to participate in outdoor recreation, work details or call-outs/appointments. Any form of unauthorized communication to others (staff, visitors, or inmates) outside the unit in any manner is strictly prohibited.

5) You are required to wear a Class B uniform from 8:00am – 5:00pm Monday to Friday. The class B uniform consists of a tee shirt, blue pants or personal shorts (if you currently possess them). Anytime an inmate departs their cell they are to be dressed in Class A uniform, including approved footwear, unless directed otherwise by staff.

6) Bunks will be made each morning at 8:00am, excluding weekends and holidays, with a 6 (six) inch white collar and will remain in this fashion until 5:00pm. Anytime an inmate departs his/her cell on weekends or holidays the bunk will be made before departing the cell.

7) Inmates are to remain quiet when any staff member enters the wing. When a staff member passes by your cell, you may address staff at that time.

8) Inmates are not permitted to stand on toilets, bunks or sinks.

9) Mattresses, sheets, blankets, pillows/pillow cases and towels will not be placed on the floor at any time.

10) Inmates will perform scheduled cleaning of their cells as directed by staff and will be responsible for keeping cells clean and orderly at all times. Inmates will not write on, or in any manner deface cell walls, windows, floors, ceilings, doors/bars or any fixtures. No items are to be attached or affixed to any area within the cells. Towels and washcloths may be hung to dry on the wall hooks, provided for that purpose in each cell.

11) Inmates are not permitted to throw any trash out of their cells. Trash will be collected during scheduled cell cleaning and after the completion of each meal.

12) All state property will be returned in the same condition as when issued.

13) Inmates are not to pass any item from cell to cell or to any other inmate to include personal/or state property. The manufacture, possession or use of a rope or “fishing line” is prohibited.

14) All property will be stored in your locker or other approved storage location. All personal property in excess of what can be kept in the locker must be disposed of according to proper regulations.

15) All inmates are to come to the cell door and receive their food tray at meal times. The trays are to remain inside the cell until collected at the completion of each meal. Food items or trays will not be passed between cells. No food items, food trays, utensils, containers or condiments (except those items purchased from the canteen) will be stored in the cells at any time. Any issue with the meal being served will be addressed to the officer supervising the feeding of the meal and not inmate orderlies.

16) Death Row inmates will be allowed to possess and use “smokeless tobacco” products. They will not be allowed to possess any other type of tobacco.

17) All inmates are required to comply with Chapter 33-602-101, FAC to include maintaining hair and fingernails as outlined. Inmates will also shower and shave three times a week (unless exempt by medical pass) Showers are limited to ten (10) minutes maximum. Clippers will be used for shaving.

18) Inmates will proceed directly to the showers from their cells and return directly to their cell upon completion unless directed otherwise. You are permitted to take the following items to the shower: clean clothing, shower slides, towel, washcloth, and hygiene products.

19) Issuance and exchange of health and comfort items will be on a predetermined schedule within each unit.

20) You are not permitted to take anything (i.e. towels, books, papers, canteen items, etc) to the outdoor recreation yards. Inmates are permitted to talk to other inmates in the outdoor recreation areas if conversation can be conducted without loud talking or yelling. Inmates participating in outdoor recreation are not permitted to talk to inmates inside the housing unit or areas outside of the recreation area. Inmates will be permitted to remove outer shirt once inside the recreation yard, but t-shirts must be worn. Shorts may be worn while on the recreation yards.

21) Inmates are required to respond to health care staff during daily rounds, sick call, and weekly mental health rounds. Prior to health care staff entering the individual housing unit an officer will announce “Health care staff is now conducting rounds” If these rounds are after 5:00pm inmates will dress in at least Class “B” uniform until health care staff departs the housing unit.

22) Inmates with medical, mental health or dental non-emergencies will notify medical staff while making daily rounds; mental health staff during weekly rounds or submit an “inmate request” DC6-236. Over the counter medication may be requested from Close Management staff as needed.

23) Cells will be inspected for damage prior to your placement. Any noted deficiency will be listed on the “Cell Inspection” DC6-221 form and you will sign the form acknowledging your agreement with the inspection. Inmates will be held accountable for any deficiencies not previously noted on the DC6-221 during routine inspections or upon release.

24) In the event it becomes necessary to evacuate the housing unit inmates will follow all directions issued by staff and move from their assigned cells to the pre-designated assembly area in a quiet and orderly manner. Inmates will not attempt to retrieve any personal property prior to departure unless directed by staff.