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Monday, January 31, 2005

Alum may face death penalty

Convicted murderer of two 1998 students to be tried in federal court
Colleen Schorn/ senior writer

A JMU alumnus who was convicted in 1998 of killing two JMU students now faces federal charges that carry a maximum sentence of the death penalty.

In March 2004, a federal grand jury in Charlottesville indicted Brent Simmons (’96) on two counts of interstate stalking and two counts of using a firearm in the commission of violent crime. Simmons’ trial in U.S. District Court is scheduled to begin Feb. 7.

Simmons was convicted of shooting his ex-girlfriend, Ann Olson, 25, and her boyfriend, Keith O’Connell, 23, on Oct. 12, 1996, after driving from Florida to her North High Street apartment in Harrisonburg. Both were shot twice, execution-style, to the head.

The Commonwealth of Virginia charged Simmons in 1997 with two counts of capital murder and the illegal use of a firearm during the commission of a violent crime.

After a hung jury in the state case in 1997, Simmons agreed to an Alford plea, in which a defendant does not admit guilt while recognizing preponderant evidence for conviction.

U.S. attorney John Brownlee said an Alford plea does not admit guilt, but has all the effects of a guilty verdict. Currently, Simmons is serving 20 years in prison for the murders.

In 2000, a 9-mm handgun was found in a lake in Simmons’ hometown of Carlisle, Pa. Police reported the serial number on the recovered gun matched the number on a gun Simmons bought two months before the murders. The gun gave federal officials enough evidence for an indictment in 2004.

After the Commonwealth concluded its proceedings, the U.S. attorney’s office reviewed the case for federal violations. The federal grand jury in Charlottesville then handed down the two counts of interstate stalking and using a firearm in the commission of a violent crime.

Brownlee said if Simmons is found guilty in the federal case but does not receive the death penalty, he will likely receive life without the chance of parole.

Brownlee added that the trial will not be held in Harrisonburg because of extensive news coverage.

Prosecutors were unavailable for comment. Simmons’ lawyer declined to comment.

 

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