Lawyer tries again to stop Simcox questioning
Last week, Arizona Court of Appeals judges ruled that Chris Simcox, a man accused of molesting two young girls, would be allowed to personally question his accusers in an impending trial. On its face, the decision was the latest blow against prosecutors and victims’ advocates in this case, who for months have been fighting to prevent the unprecedented scenario where a sex-crime suspect who is representing himself in a criminal case would get to grill his accusers in court.
But county attorneys say the opinion’s wording opens a window for another crack at convincing the presiding judge that the defendant’s cross-examination would further traumatize the 8year-old girls.
At a Monday morning hearing, Deputy County Attorney Katie Staab formally asked Maricopa County Superior Court Judge Jose Padilla for another chance to prevent Simcox from questioning the girls.
“There are new experts that will be reviewing the materials for his case — new opinions that are not before the court right now,” she said. “It would be new evidence.”
Staab’s bid was a clear reference to the appeals court decision, in which a three-judge panel said prosecutors had failed to present evidence that the witnesses would be traumatized by Simcox’s questioning. The panel deferred to Padilla’s initial decision to allow it.
“Because the state did not present such evidence—and in fact eschewed the opportunity to present evidence when invited—the trial court had no basis to restrict Simcox from cross-examining the child witnesses,” the opinion states.
Padilla on Monday said he was sympathetic to the children, but worried that the state shouldn’t get “multiple bites of the apple,” when prosecutors already had the opportunity to present this evidence. Further, Padilla said, a new expert did not necessarily equate to new evidence.
“It sets a bad precedent,” he said. “You’re going to have to convince me that that’s appropriate in this case.”
Padilla said the state would have to convince him that there was evidence that the girls would be re-traumatized by the questioning, and wondered aloud whether any medical expert would be able to predict that future.
Simcox first entered the public sphere as the co-founder of the borderwatch vigilante group Minuteman Civil Defense Corps, and ran a brief campaign to challenge Arizona U.S. Sen. John McCain in the 2010 election.
Padilla set a hearing for these and other matters for May 27, and scheduled the trial for July 6.