PLEASE NOTE - The following is an excerpt from the petition filed in Federal District Court on behalf of Christopher Simmons.

Christopher Simmons was a seventeen year old student at the time he was charged with the murder of Shirley Crook. Chris lived with his mother, Cheryl Hayes, and stepfather, Bob Hayes in Fenton, Missouri. He also had regular contact and visitation with his father, Dennis Simmons, and stepmother, Beth Simmons. Christopher's mother and father had separated shortly after his birth. The relationship between the Hayes and Simmons' families was very hostile. They competed for Christopher's time and attention and he felt torn between the two families. To this day, the Hayeses and Simmonses can not be in the same room together without violent arguing.

Throughout his life, Christopher's stepfather was very abusive, physically and mentally, to Chris. Bob Hayes, an alcoholic, would threaten, intimidate, yell, scream, and hit Chris. When he was a young child, Bob Hayes took Chris to a bar and fed him alcohol for the amusement of the other patrons. He took Chris fishing and tied him to a tree so that he wouldn't wander away. He was obsessed with Chris' acne, and would hold him down and squeeze it until it bled. Chris' mother felt helpless. She was intimidated and afraid of Bob and never intervened to rescue her son from the abuse. Bob's two biological children from his marriage to Cheryl were treated much better than Chris. While Chris was constantly responsible for all of the chores, the younger sons, Billy and Kenny, had no obligations but to go play.

Chris turned to drugs and alcohol at a very young age. He drank hard liquor, such as Jack Daniels and Southern Comfort, on almost a daily basis. He would skip school to drink alcohol. He also smoked marijuana almost daily, often on the way to school. He experimented with mushrooms, cocaine and LSD. He frequently ran away from home because he didn't feel safe in his own home. He often escaped to the home of Brian Moomey, a twenty-eight year old convicted felon who spent every night at home getting drunk. Brian supplied drugs and alcohol to the many teenagers that hung out at his trailer home. He often had these kids commit crimes at his direction and bring him the proceeds.

On Friday, September 10, 1993, five police officers came to Christopher's high school and arrested him for the murder of Shirley Crook, a woman who lived in the same neighborhood as Chris (T. Tr. 888-889, 918-919, 921, 922, 924)¹. Mrs. Crook's body had been found in the Meramec River in St. Louis County on September 9, 1993 (T.Tr. 678). She had been tied with electric cable, leather straps and duct tape (T.Tr. 687-689, 721). She had bruises on her body and fractured ribs (T.Tr. 752, 753). The medical examiner determined the cause of death was drowning (T.Tr. 752).

Chris was taken to the Fenton Police Department and interrogated by three officers from the Major Case Squad (T.Tr. 890). He denied any involvement in the offense for nearly two hours (T.Tr. 896-897, 928, 930). The officers yelled at Chris and called him a liar (T.Tr. 933-935, 938, 944, 945). Officers Shane Knoll and Sam Elia tried to intimidate Chris and make him uncomfortable by getting in his face (T.Tr. 939-940, 941-942). Finally, Chris was told that he was being charged with first degree murder and was facing either life in prison or death (T.Tr. 943-944). Lt. Robertson gave Chris this information, told him it would be in his best interests to cooperate with the police who were questioning him, and left the room (T.Tr. 943-944).

The officers gave Chris details about the crime (T.Tr. 929). They lied to him and told him his codefendant, Charles Benjamin, was confessing as they spoke (T.Tr. 931-932). Officer Knoll reminded Chris that he was facing the death penalty and assured him that it was in his best interests to give a statement confessing to the crime (932, 946). Chris eventually confessed to officer Knoll and gave a videotaped statement (T.Tr. 898-908).

Christopher's trial began on June 13, 1994. The state relied on Chris' videotaped confession and three witnesses who testified about Chris' actions before the crime and statements after the crime. Witnesses Christie Brooks and John Tessmer talked about a crime that Chris had talked about committing before this offense. The intended victim of the crime was the "voodoo man," who lived in the trailer park behind Brian Moomey (T.Tr. 825-826, 968). Chris never made any mention of Shirley Crook (T.Tr. 830, 969-70, 974, 975) The only similarity between this planned crime and the actual crime was that the victim was to be thrown off a bridge (T.Tr. 968). In fact, Christie Brooks described only a robbery, not a murder, that Chris had told her he was planning (T.Tr. 830). Neither Christie nor John believed Chris was really going to commit the crime he discussed with them (T.Tr. 829-830, 978-979). Tessmer testified under the threat of the juvenile authorities, who told him if he failed to cooperate he would be charged with conspiracy to commit murder (T.Tr. 982-983). The charge had been dismissed in exchange for Tessmer's testimony (T.Tr. 983).

The state's other witness was Brian Moomey, the alcoholic felon who had all the young teens at his trailer. Moomey, who acknowledged being drunk everyday and that this affected his memory (T.Tr. 839, 843, 844), was called "Thunder Dad" by the youngsters that hung out at his trailer (T.Tr. 847, 975). Moomey was questioned by the police after his boss went to the police and informed them that Moomey had said John Tessmer was involved in the murder (T.Tr. 855-856). Moomey testified that on September 9, 1993, Chris was at his house and said he had killed this lady because she had seen his face (T.Tr. 842, 847, 875-876). Moomey denied being involved in the murder (T.Tr. 873).

The defense presented no evidence (T.Tr. 998). The state urged the jury to "render that verdict so we can get on with the rest of the trial" (T.Tr. 1039). After four hours of deliberation, the jury convicted Christopher of first degree murder (L.F. 247, T.Tr. 1049, 1050).

The entire penalty phase took place on June 17, 1994. The state submitted four aggravators: 1) murder for money, 2) murder that occurred during a burglary, 3) murder to prevent lawful arrest, and 4) depravity of mind (L.F. 272, 284, T.Tr. 1070). The state's evidence in aggravation consisted of four of Mrs. Crook's family members. They testified as to their relationship with the victim and the impact her death had on them. Stephen Crook, the victim's husband, told the jury about how his wife was afraid of heights and speculated about what she felt and thought, and what the perpetrators must have talked about during the offense (T.Tr. 1075). Mrs. Crook's daughter, Kimberly Hawkins, also imagined for the jury in detail how her mother must have felt during the offense (T.Tr. 1080). Purdy Mitchell, the victim's sister, talked about how she felt their mother died of a broken heart because of Shirley's death (T.Tr. 1083). Ms. Mitchell read a prayer to the jury that she and her husband had read for Thanksgiving after Mrs. Crook's death (T.Tr. 1087).

The defense presented evidence that Chris had no criminal history (T.Tr. 1095-1098). They also briefly presented testimony of Chris' biological mother and father; his two half brothers, Kenny and Billy Hayes; his friend Christie Brooks; and Christina Brown, the mother of another friend. The testimony portrayed Chris as a good brother, a loving son who had a good relationship with his mom, and a compassionate person who provided support for his friends and family (T.Tr. 1100, 1102, 1108-1111,1116-1124). The defense did not present, or even investigate, any evidence of Chris' abusive upbringing, his mental illness, or his drug and alcohol use.

In closing argument, the state told the jury that Chris' age didn't matter (T.Tr. 1136). The prosecutor urged the jury to kill Christopher to show mercy to his family and to spare his brothers (T.Tr. 1157). He argued that the death penalty would stop the violence and put an end to the jurors' fears in their homes (T.Tr. 1159-1160).

The jury returned a verdict of death, finding all aggravators except that the murder was committed during a burglary (L.F. 278, T.Tr. 1163-1164). The court sentenced Christopher to death (T.Tr. 1181).

Christopher filed a pro se motion under Missouri Supreme Court Rule 29.15 to vacate, set aside or correct the judgment or sentence (M.L.F. 8-15). Counsel was appointed and filed a First Amended Motion to Vacate, Set Aside or Correct the Judgment and Sentence and Request for Hearing (M.L.F. 33-145). Among others, counsel raised issues of trial counsel's failure to investigate and present evidence of Chris' abusive childhood, background, drug and alcohol abuse, mental condition, relationship to Brian Moomey, and Moomey's threats against Chris and his family (M.L.F. 39-49, 75-80, 94-100, 100-102). The motion court heard evidence establishing the extensive abuse Chris suffered, his mental illness and the family history of mental illness, his drug and alcohol abuse and the existence of the threats by Brian Moomey. This included testimony from friends, neighbors, a psychologist who had evaluated Chris, and a psychologist who had prepared a social history on Chris. The evidence established that trial counsel had ignored the bits of information they had received on these issues, and failed to investigate or even become aware of the nature and extent of the mitigating circumstances that existed in Chris' life. The details of the evidence established at the state post-conviction hearing will be discussed as they become relevant. The motion court denied relief (M.L.F. 653-681).

¹ References to the state court record will be as follows: Trial Transcript (T.Tr.); Supplemental Trial Transcript (Supp. Tr.); Post-conviction Relief Evidentiary Hearing Transcript (H.Tr.); Direct Appeal Legal File (L.F.); Post-conviction Motion Legal File (M.L.F.).

Return to the Christopher Simmons Home Page

Return to the Juvenile Death Penalty Home Page