Man’s release rejected in nursing home rape case

CORVALLIS – A judge has rejected to release an Albany man sentenced to 98 years in prison for the rape and sexual assault of Alzheimer’s patients at a Corvallis nursing home after the Oregon Court of Appeals overturned his convictions because the elderly patients could not corroborate his confession. Michael Scott Simons, 27 had been facing what amounted to a life sentence without the possibility of parole. Benton County Circuit Court Judge Janet Holcomb sentenced Simons in 2004. But in September 2007, the Oregon Court of Appeals ruled that the victims were unable to testify in court or corroborate the confession because they were elderly patients with Alzheimer’s disease. The court overturned 21 of 24 convictions against Simons. The Benton County district attorney’s office appealed the case to the Oregon State Supreme Court. Simons was in court Friday with his defense attorney, James Bronson, to request that Holcomb suspend the sentence and release him pending appeal. Bronson argued Simons was not an escape risk and that he did not pose a danger. But a former co-worker and the family of the elderly victims disagreed. “He has already proven himself to be a repeat offender,” the co-worker said. She also testified in 2004 that Simons sexually assaulted her. —– The Associated Press 1/13/2008

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