Oregon man freed after Alzheimer’s abuse conviction


Sunday, March 09, 2008 | No comments posted.

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CORVALLIS (AP) — A man sentenced to 98 years in prison for sexually abusing three elderly Alzheimer’s patients has been released after serving only four years.

Michael Simons, 27, confessed to the rape, sodomy and sexual abuse of one Alzheimer’s patient and the sexual abuse of two others between Dec. 1, 2003 and Jan. 31, 2004.

All three patients were in his care at the Samaritan Heart of the Valley Alzheimer’s disease care facility at the time. He was convicted of the crimes, in addition to the sexual assault of two female co-workers, in June 2004 and sentenced to 98 years in prison.

But Simons appealed the conviction to the Oregon Court of Appeals, which vacated all charges except three misdemeanors involving his co-workers. The Oregon Supreme Court decided in January not to hear an appeal by the Benton County district attorney’s office, and the sentence was effectively overturned.

The Oregon Court of Appeals decision was based on an interpretation of a state statute that requires corroborating evidence to accompany a confession. The court determined the corroborating evidence was insufficient.

Simons appeared Friday for resentencing by Benton County Circuit Judge Janet Holcomb, who originally sentenced him to what amounted to a life term in prison.

“Despite the decision of the Court of Appeals, I believe you present a very serious danger to vulnerable members of society,” Holcomb told Simons.

Simons was given credit for the 48 months that he already has spent in prison. Although Holcomb resentenced Simons to two and a half years in prison and five years of parole for the remaining charges on Friday, credit for time served meant he has only three and a half years of probation remaining.

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Information from: Gazette-Times, http://www.gtconnect.com
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