Stephen Hudak
Sentinel Staff Writer
December 11, 2008
TAVARES
Appellate lawyers for a Mount Dora man on death row argued this week that he was convicted of murder and sentenced to die because his trial lawyers failed him.
Lawyers David Hendry and James Driscoll say Eric Simmons, now 34, was denied effective assistance of counsel, a common argument raised by condemned prisoners.
Prosecutors countered the claim, pointing out that Simmons confessed to the murder of Deborah Tressler, 48, who worked at a coin laundry on State Road 46 in Sorrento until she was bludgeoned and stabbed to death Dec. 1, 2001.
After Lake County sheriff's detectives had informed Simmons that they found her blood in his car, Simmons told them, "Well, I guess if you found blood in my car, I must have did it." The statement was a key part of his trial.
But Hendry and Driscoll, assigned to Simmons' death-penalty appeals, cast doubt on the incriminating remark, using testimony from Richard Leo, a law professor and author of a book that claims police deceit and trickery can coerce false confessions.
He spent more than 100 hours reviewing Simmons' case.
"I believe coercive techniques were used," said Leo, who testified from his office in California via live-video feed.
Lake Circuit Judge T. Michael Johnson has not ruled on Simmons' latest appeal.
Shackled and wearing orange jail togs, Simmons listened quietly to Leo and a parade of other witnesses who offered testimony that suggested his previous lawyers could have done more in his defense.
Simmons is among 10 people on death row sentenced to die after a jury trial in Lake County.
Richard Henyard of Eustis died by lethal injection in September, the most recent prisoner executed by the state.
Henyard was convicted of first-degree murder in the 1993 killings of sisters Jasmine and Jamilya Lewis and the rape and shooting of their mother.
The killing of Tressler, while lesser known, is similar in its brutality. Medical examiners found more than 50 wounds on Tressler, who was beaten, stabbed and sodomized.
Her body was found in a wooded area Dec. 3, two days after she disappeared from work.
Simmons, who did not testify during his trial, has maintained his innocence. A previous appeal was rejected by the Florida Supreme Court, and the U.S. Supreme Court has declined to review his case.
Members of Tressler's family watched this week's proceedings.
Stephen Hudak can be reached at shudak@orlandosentinel.com or 352-742-5930.
Sentinel Staff Writer
December 11, 2008
TAVARES
Appellate lawyers for a Mount Dora man on death row argued this week that he was convicted of murder and sentenced to die because his trial lawyers failed him.
Lawyers David Hendry and James Driscoll say Eric Simmons, now 34, was denied effective assistance of counsel, a common argument raised by condemned prisoners.
Prosecutors countered the claim, pointing out that Simmons confessed to the murder of Deborah Tressler, 48, who worked at a coin laundry on State Road 46 in Sorrento until she was bludgeoned and stabbed to death Dec. 1, 2001.
After Lake County sheriff's detectives had informed Simmons that they found her blood in his car, Simmons told them, "Well, I guess if you found blood in my car, I must have did it." The statement was a key part of his trial.
But Hendry and Driscoll, assigned to Simmons' death-penalty appeals, cast doubt on the incriminating remark, using testimony from Richard Leo, a law professor and author of a book that claims police deceit and trickery can coerce false confessions.
He spent more than 100 hours reviewing Simmons' case.
"I believe coercive techniques were used," said Leo, who testified from his office in California via live-video feed.
Lake Circuit Judge T. Michael Johnson has not ruled on Simmons' latest appeal.
Shackled and wearing orange jail togs, Simmons listened quietly to Leo and a parade of other witnesses who offered testimony that suggested his previous lawyers could have done more in his defense.
Simmons is among 10 people on death row sentenced to die after a jury trial in Lake County.
Richard Henyard of Eustis died by lethal injection in September, the most recent prisoner executed by the state.
Henyard was convicted of first-degree murder in the 1993 killings of sisters Jasmine and Jamilya Lewis and the rape and shooting of their mother.
The killing of Tressler, while lesser known, is similar in its brutality. Medical examiners found more than 50 wounds on Tressler, who was beaten, stabbed and sodomized.
Her body was found in a wooded area Dec. 3, two days after she disappeared from work.
Simmons, who did not testify during his trial, has maintained his innocence. A previous appeal was rejected by the Florida Supreme Court, and the U.S. Supreme Court has declined to review his case.
Members of Tressler's family watched this week's proceedings.
Stephen Hudak can be reached at shudak@orlandosentinel.com or 352-742-5930.
Based on online documentation,crime scene was handled by and dug into 12in deep by some not even trained to do so,the truth was not a concern,when u have a man involved who has a prior conviction for hitting a person in the head with a wepeon,particulary long wooden handle to a victim.who was not investigated,but used as a witness in trial,who also lived in area knew the victim and was said to have threatend mrs.tresslers life.futher more from beging to end countless testimonies and officers kept changing including ferinsics tprof testing.was fired for fabricating evidence in 48 unrelated cases.futhermore blood in door jamb was that of a dog,and that was used to gain a confession.if this is justice and the goal is to gain convictions for a winning streak record.well then the truth may never be known.
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