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December 29, 2011 - 12:18pm

Simmons first suspect in Genesee County charged under 2008 'elder abuse' law

posted by Howard B. Owens in batavia, crime, Jacquetta Simmons.

Jacquetta B. Simmons is the first person in Genesee County to be prosecuted under a law passed by the State Legislature in 2008 making it a Class D felony to assault and cause injury to a person 65 or older.

The legislation, called "The Granny Law" and sponsored by Speaker Sheldon Silver, was passed in response to a series of violent attacks on elderly people in New York City, including the violent mugging of a 101-year-old woman, Rose Morat, of Brooklyn.

Gov. David Paterson signed the legislation into law as part of a package of laws protecting seniors from "elder abuse," both physical crimes and scams.

As a felony, defendants charged under the subdivision of assault in the second degree face a possible state prison term of anywhere from 2 to 7 years, but, unlike higher-level violent felonies, a state prison term is not mandatory for a Class D violent felony.

That will leave room for a plea deal for Simmons, but the case is still very early in the process and District Attorney Lawrence Friedman said his office hasn't had the opportunity to review the evidence yet.

The case will eventually move from Town of Batavia Court to Genesee County Court. But before that happens, there needs to be either a waiver of a grand jury presentation or the case must be presented to the grand jury.

"We haven't received the case yet," Friedman said. "The next step is we get the file and review the evidence."

Based on a review of the evidence and the circumstances of the case, Friedman's office will determine how to proceed with the case.

Simmons is scheduled to reappear in town court Jan. 23.

The 2008 law will make the case somewhat easier to prosecute, Friedman said.

In a situation such as this, in order to sustain a charge of assault in the second degree, prosecutors were previously required to prove "serious physical injury." But the 65-or-older charge requires only that the prosecution prove that the suspect intentionally caused "physical injury" to a victim who is at least 65 years old and that the suspect is more than 10 years younger than the victim.

"We're grateful that this newer charge is there for a situation like this," Friedman said. "It gives us an advantage. We don't have to establish serious physical injury just physical injury. That lessens our burden."

John Woodworth JR
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"A charge of assault in the second degree requires prosecutors to prove serious physical injury."

Well since, she conducted a strike to the head of the victim instead of pushing her. I believe the burden of proof is there. Since, a strike to the head, spine, sternum, and groin are considered to be dead force and seriously bodily harm areas of the body.

Ron C Welker
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Broken facial bones :>( There's the book, now THROW IT!

John Woodworth JR
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As long as they do not use deadly force. :-)

Dave Olsen
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Note that Sheldon Silver sponsored this bill when he was 64. Phew, just in time eh Shelly?

John Woodworth JR
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:-) That is funny

Phil Ricci
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Will you still need me, Will you still feed me, When I'm 64....

Dave Olsen
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Thanks Phil now I'll have that song stuck in my head all day! Which is OK because, A. nothin' much else going on up there and B. I like that song.

Doug Yeomans
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[video:http://www.youtube.com/watch?v=u2CISVP3ov4]

That only took me 7 minutes...DERP DERP

Doug Yeomans
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Okay, not being able to embed videos and images like we used to is aggravating

Dave Olsen
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I agree, Doug. What's up with that?

Doug Yeomans
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I don't know but directly under this box is an input format options link that doesn't seem to do anything, except for smileys :-/

Doug Yeomans
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Okay, there's no frown smiley :-(

Howard B. Owens
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Video gets embedded just like it always did, though the format is currently too wide for the comment box, it still shows up.

Dave Olsen
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Not any time I've tried it. Both with the "old" code or the new one. Off of youtube that is. Haven't tried it from anywhere else

Doug Yeomans
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I tried the old code and it didn't work..gonna try the new.

Edit: Nope! Old code, new code, sharing link, nothing worked. I even used the smallest frame size offered.

Howard B. Owens
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There is no old code / new code ... all the same code

[ video : URL ]

No spaces.

Doug Yeomans
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There's old code / new code on youtube. Let me try your code :-)

Dave Olsen
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Dave Olsen
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Um Howard, it ain't working. On a side note; I heard the generation that was born from around 1985 on referred to as "The Computer Native Generation" I like it, as a solid member of the "Dinosaur Generation"

Doug Yeomans
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Dave, it works. Remove all spaces in what Howard showed us for code...no spaces for anything..one continuous string.

Dave Olsen
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K, got it I guess. Used to be I would just copy and paste the embed code. Thanks Howard and Doug and remember you brought this upon yourselves!!

Doug Yeomans
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That's exactly how I used to do it..copy the embed code from youtube and paste it into the window..simple

Ron C Welker
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Is it me? or just your angle that finds ANYTHING funny about this case. Can we just give Grace a break and maybe hope that she can sometime in the future return to a normal peacefull life. Good GOD!

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