Local
Arizona appeals court sets timing rule for disability reviews in death-penalty cases
A score of 53 on an initial IQ screening has prompted further review in the capital case against Phoenix mother Sophia Simmons. The Arizona Court of Appeals rejected prosecutors’ request to have their expert examine her before a statutory waiting period expires, establishing the timing rule for death-penalty cases statewide.
An Arizona Court of Appeals ruling has set a statewide timing requirement for intellectual-disability evaluations in death-penalty cases, as Phoenix prosecutors pursue capital charges against Sophia Simmons in the killing of her young daughter.
Simmons scored 53 on an initial IQ screening, according to the court’s ruling. The score requires further examination; Arizona law bars the execution of a person found to have an intellectual disability. No such determination has been made in Simmons’ case.
The court ruled Friday that experts must wait at least 20 days after Simmons’ school, medical and other records are due before conducting their examinations. Prosecutors had asked the court to allow their expert to examine Simmons sooner. The decision applies to capital cases across Arizona.
Simmons is charged with first-degree murder and child abuse, and prosecutors are seeking the death penalty. Police have said her daughter’s body was found in a dumpster near 35th Avenue and Thomas Road on Christmas Eve 2023. Simmons is also accused of tampering with evidence by allegedly trying to clean the scene. These are allegations, and the charges have not been proven in court.
Her trial is scheduled to begin in April. The disability review will determine whether she can legally face execution; the appeals court’s ruling does not decide that question.