Saturday, April 04, 2015

Arizona Judge Rules That Simcox Can Cross-Examine Young Alleged Victims

Chris Simcox during his border-watching days.
[Cross-posted at Hatewatch.]

The oft-delayed Arizona trial of erstwhile Minuteman leader Chris Simcox on child-molestation charges has blown up once again, thanks primarily to Simcox’s insistence on having the right to personally cross-examine his alleged victims — two young girls aged 7 and 8.

Simcox had previously raised the possibility that this might occur when he announced that he intended to represent himself at his trial, something he has a constitutional right to do. However, Maricopa County prosecutor Yigael Cohen requested before the trial began that Superior Court Judge Jose Padilla require that Simcox’s two “advisory” attorneys question the girls, one of whom is Simcox’s daughter.

Now, according to a report by Stephen Lemons of the Phoenix New Times, Judge Padilla has conceded to Simcox’s counter-argument — namely, that he should be permitted to directly cross-examine the two girls because doing so is “a crucial cornerstone of his desire to present his best defense.” Padilla ruled in a hearing Thursday afternoon that Simcox would be allowed to question the girls, who were 5 and 6 years old when the crimes allegedly occurred.

But Padilla refused to remove himself from the trial, which Simcox had also requested.

According to The Associated Press, prosecutors plan to immediately file an appeal of Padilla’s ruling, meaning the trial — which had already been delayed nine times since Simcox’s arrest in July 2013 — is likely to last into the summer. Lemons reported that deputy county attorney Kelli Luther argued strenuously against allowing Simcox to “control his own victims in the courtroom,” pointing to U.S. Supreme Court and federal appellate court rulings allowing for special accommodations to be made in similar instances.

However, Padilla said he would need evidence that the children are traumatized at the prospect of being interrogated by their alleged molester, and brushed aside letters from the girls’ mothers attesting to that effect: “With all due respect,” he said, “[the mothers] are simply not qualified to make that assessment.”

In the filing made this week, Simcox argues that the children “were never subjected to … harm in the first place,” so the county attorney is “asking the court to find the defendant guilty … before the trial has even begun.”

Simcox was originally charged with also molesting a third little girl, whom Simcox allegedly bribed with candy to expose her genitals, but those charges were dropped after the grand jury chose not to indict him in that case. However, that girl is expected to be a prosecution witness as well.

Simcox’s trial was most recently scheduled to begin March 24. However, when attorneys gathered in Padilla’s courtroom that day, they were informed that Simcox was in the hospital, for reasons that could not be disclosed under medical-privacy laws, and would be there for a week. At a pretrial conference on Thursday, Judge Padilla scheduled jury selection to begin on April 6.
But if the prosecutors proceed to take the ruling on the girls’ testimony to an appeals court, that schedule seems unlikely at best.

During his heyday as a Minuteman leader, Simcox
liked to pose for reporters with a gun down
the front of his jeans.
These developments are the latest in a long and twisted road to trial for Simcox, who previously had suggested he would present a “grand conspiracy” defense that he had been targeted for prosecution, and the evidence against him invented, because of his prominent role as a leader and co-founder of the nativist extremism group called the Minutemen. The judge later informed him that such a defense would not be allowed.

At the height of the border vigilante movement, Simcox was president of the Minuteman Civil Defense Corps, a nationwide, anti-immigration organization that led armed “citizen border patrols” in Arizona, California, New Mexico and Texas, along with a smattering of states on the Canadian border where Minutemen had deployed to protect America from northern invaders. Never modest, the cigar-chomping Simcox was a hyper and relentless self-aggrandizer who came across with the smug egotism that quickly earned him the nickname “The Little Prince.”

He was known for over-the-top claims, like his repeated assertion that he had seen Chinese Red Army men at the Mexican border, preparing to attack the U.S. Nevertheless, he was featured repeatedly on Lou Dobbs’ CNN show and a plethora of shows on Fox News, where he was treated as a serious critic of immigration policy.

But even then, there were allegations of sexual abuse. As the SPLC reported in 2005, Simcox was accused by his first wife of molesting another daughter when she was a teenager, although no complaint was ever made to police. His second wife also sought custody of their teenage son because, she said, Simcox had become violent and unpredictable. His third wife — the mother of his current accuser — took out a restraining order against Simcox in 2010 when she divorced him.

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