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| Monday, January 31, 2005
Alum may face death penaltyConvicted murderer of two 1998 students to be tried in federal courtColleen Schorn/ senior writerA 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 OConnell, 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. attorneys
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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