Judge Tosses Simmons Plea Deal, Setting Stage For Possible Trial

NEW YORK (CBS 2/1010 WINS) — A sex assault victim said she’s ready to face her alleged attacker after a stunning development on Monday in a Manhattan courtroom.

The suspect — a former juvenile counselor — was set to walk free with a slap on the wrist until a judge said no deal.

“We found justice. We’re gonna go to trial and hopefully this guy gets locked up for a good amount of years,” 20-year-old “Ashley” told CBS 2’s Tony Aiello.

1010 WINS’ Juliet Papa reports

Ashley was relieved that the man accused of raping her five years ago didn’t escape the possibility of a jail term.

“The defendant’s egregious attempts to mitigate his own guilt are nothing short of appalling,” Judge Cassandra Mullen told the court.

Mullen called 47-year-old Tony Simmons a “predator” as she terminated a plea deal that prompted outrage, chants like “Rape is a real crime! Simmons should do real time!”

Back in September the judge accepted a deal that would have given Simmons probation for the rape of one teenage girl and the sex assault of two others, crimes committed while Simmons served as a juvenile court counselor.

But the judge scuttled the deal after reading comments Simmons made during a pre-sentencing interview — that the underage girls were willing sex partners.

“[Simmons] blames the victims, demonstrating a depravity that shocks the conscience of this court,” Mullen said.

After Simmons rejected her offer of three years in prison the judge tossed his guilty plea and set the case for trial.

“The wheels of justice are starting to turn in the right direction. This was an outrageous case to begin with. Probation was never appropriate in any way shape or form,” said Sonia Ossorio of the National Organization for Women.

Now there’s a challenge for this victim. Would she be ready to testify if Simmons goes to trial?

“If nobody else is going to step up in front of his face I definitely will,” Ashley said. “It’s not hard to speak the truth.”

Simmons is free on bond and due back in court next month.

Simmons’ attorney, Gregory Watford, said he is worried about a fair trial, claiming statements Simmons gave during the pre-sentence interview will help the prosecution.

A new plea deal with prison time remains a possibility.






Comments (28)
  1. iloveshopping says:

    It is clear to anyone that this man should be punished with jail time for the sexual crimes he has committed. It’s not surprising that the original decision to let a child molester off with no jail time came from a judge who has spent her time sleeping with married co workers. Perhaps if she spent more time actually doing her job at work she wouldn’t have to go back and change her ridiculous decisions.

  2. HBF says:

    This gets really complicated now. He admitted to a crime with a plea deal. Now no plea, does he unadmit to the crime. How can he get a fair trial. We shall see. And what if they are unable to prove anything beyond a doubt. He will go completely free.

    1. Vince Paul says:

      Not that complicated. Yes, his admissions get tossed along with his plea, since the admissions were a condition of the plea bargain. And any findings, motions, or evidence attained as a result of the admissions will be tossed as well. The case won’t be set back to the very beginning, but will go back to before any admissions were made. The lawyer may have grounds for change of venue, given all the publicity, though.

  3. Bradford Keller 3rd says:

    It took a lot of us and N.O.W. to scream enough for this
    Judge to now think about jail for this admitted rapist of
    vulnerable women. He is the worst predator imaginable.
    What was really going on here???

  4. nancy hilliard says:

    Throw the book at the jerk after he is convicted in the trial. He was in a trusted position; he is a sociopath who will continue to be a danger to the community.

    I am black and live in Texas where they throw away the key Good for you, Judge !!!!!!!!!!!!!!!!.

  5. Freene says:

    I notice some missing information regarding Juvenile Counselor Simmons employer.

    Mr Simmons is not a court appointed Counselor. JC Simmons works for the New York City Department Of Juvenile Justice. The Dept of Juvenile Justice is part
    of Administration Of Children’s Services. There seems to be many unanswered questions on how this incident happen? Where were the rest of the Juvenile Counselor’s who are assigned to the detention room of the family court? Where was supervision? Why wasn’t a female Juvenile Counselor assigned to these females? Why didn’t the cameras pick up Mr Simmons taking this female to the basement of the court? This area is suppose to be monitored. This area is a the entrance and exit area for all detainees Juveniles and adults escorted to and from court? What kind of corrective procedures have been implemented so this will never happen again?

  6. Rob says:

    Read and process the information before commenting… The Judge is giving him 3 years in prison. The plea deal would have given him PROBATION ONLY. Learn to read!

    1. mollyd says:

      I can’t believe he’s only getting 3 years……3 rapes? 30 years……

  7. MissJusticeNY says:

    Disgusting! This guy admitted the rapes and the Judge gives him probation? What a joke… These crimes took place INSIDE the courthouse and he still gets away with it? The judge should be fired and disbarred,

  8. Knightgale says:

    AND he is FREE to do it again, now just what IF, his next victim is the “judge” UH??????

  9. String Hissassup says:

    what kind of message is this sending. This guy was a counselor and knew better and a counselor for the juvenile court on top of that. He deserves to have is junk removed plus jail time. If i was on the Jury I would ask for the judge to be remove from office. They are an elected official. people made so much ruckus about Clinton and Monica and that was consensual and they were grown, consenting adults. This is Rape, Sexual Assault, Sexual Misconduct, and apparently habitual because of the numerous years it spanned. I say 15 years for every victim over 18 and 25 years for every victim under 18.

  10. Jackamo James says:

    If the judges daughter was one of the victims you can bet the sentence would have been much different. Maybe “street justice” will prevail.

  11. BF says:

    It is very hard to get a conviction on a crime without a lot of evidence. The plea to probation was better than no payment for his crime. This probation will be very intense containment. Sometimes there is not enough evidence for a conviction. You need to give the judge credit for not letting him loose.

    1. String Hissassup says:

      without evidence. he admitted it. what else do want

    2. victor ellery says:

      this person is black and they are given liency, but this person should have been given thirty years and one day. these girls had their lives ruined by the black man, but what does he care.

  12. Mer says:

    This is disgusting. It makes me embarrassed to be an American. A confessed rapist getting probation !!!!!!!!!!!!! DISGUSTING!!????!!!

    1. sarah says:

      Don’t be embarrassed, here in israel rapists ans murderers get awards.

  13. chicodante says:

    Married Mother???

    1. Paid Attention in Math Class says:

      Do the math. Crimes occurred between 2000 and 2009. Potentially, the survivors could be nearly 30 yrs old now (if they were 19 in ’00). .

      1. mg says:

        Photo looks younger than 19.

      2. Aceof Spades says:

        I don’t get what your trying to say. Just because it happened long ago. He doesn’t deserve jail time. Are you kidding me. In that case just throw away all the cold cases. No matter how long ago it was they have to pay for their crime.

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