Demetrius Simms

Case details

Demetrius Lamont Simms was also referred to as Demetrius Lott Simms.

Timeline

• March 7, 1996 — Demetrius Lott Simms was sentenced to death.
• August 2, 1989 — Dr. Orloff administered the Weshsler Adult Intelligence Scale – Revised Edition (WAIS-R); Demetrius Lott Simms attained a full-scale IQ of 71 (at the age of 18 years, 5 months).
• 1994 — Dr. Nelson determined that Demetrius Lott Simms had a full-scale IQ of 66.
• February 29, 1996 — Dr. Lehman assessed a WAIS-R full scale IQ of 68.
• August 20, 1998 — Dr. Nelson tested Demetrius Lott Simms with WAIS-R; full-scale IQ was 73.
• July 27-8, 2006 — Dr. Denkowski administered the Test of Memory Malingering (TOMM), Weshsler Adult Intelligence Scale – third edition (WAIS-III), Dot Counting Test, Rey 15-Item Memory Test, Beck Anxiety Inventory (BAI), Beck Depression Inventory –Second Edition (BDI-II), Wide Range Achievement Test – Third Edition (WRAT-3), and Adaptive Behavior Assessment System (ABAS).
• November 24, 2006 — Dr. Denkowski issued his assessment; Demetrius Lott Simms attained a full-scale IQ of 63 and was deficit in the five adaptive behavior assessments: communication, community use, functional academics, health and safety, and social.
• December 20, 2006 — The Harris County District Attorney filed Proposed Findings of Fact and Conclusion of Law stating that Demetrius Lott Simms was mentally retarded and therefore exempt from execution; on the same day, the trial judge Michael McSpadden signed the Harris County District Attorney’s proposed Findings of Fact and Conclusions of Law.
• February 28, 2007 — The Texas Court of Criminal Appeals affirmed the trial court and officially commuted Demetrius Lott Simms’ death sentence to life in prison.

The offence

Demetrius Lott Simms was convicted and sentenced to death for the murder of 4-year old Monique Miller.

Atkins mental-retardation claim and IQ testing

After Demetrius Lott Simms’ attorneys claimed mental retardation under Atkins, the Harris County District Attorney opposed it, stating:

• "Applicant fails to prove, by a preponderance of the evidence, that he meets the first prong of the three-part definition of mental retardation";
• "Applicant fails to demonstrate, by a preponderance of the evidence, that he has such limitations in adaptive functioning as would satisfy that prong of the diagnostic criteria for mental retardation".

Prior to Atkins, Demetrius Lott Simms had full-scale IQ test scores above 70. The record included the following IQ testing:

• August 2, 1989: Dr. Orloff administered the WAIS-R and Demetrius Lott Simms attained a full-scale IQ of 71 (age 18 years, 5 months).
• 1994: Dr. Nelson determined a full-scale IQ of 66.
• February 29, 1996: Dr.
• August 20, 1998: Dr. Nelson tested with WAIS-R and obtained a full-scale IQ of 73.

On July 27-8, 2006, Dr. Denkowski administered TOMM, WAIS-III, Dot Counting Test, Rey 15-Item Memory Test, Beck Anxiety Inventory (BAI), Beck Depression Inventory –Second Edition (BDI-II), Wide Range Achievement Test – Third Edition (WRAT-3), and ABAS.

On November 24, 2006, Dr. Denkowski’s assessment stated that Demetrius Lott Simms attained a full-scale IQ of 63 and was deficit in the five adaptive behavior assessments: communication, community use, functional academics, health and safety, and social. Dr. Denkowski provided:

"is mentally retarded in accord with the criteria that are applicable in Texas criminal proceedings"

In light of Dr. Denkowski’s expert examination, and despite other IQ scores above 70, the Harris County District Attorney re-evaluated its opposition to the Atkins claim.

Findings, judge’s signing, and appellate result

On December 20, 2006, the Harris County District Attorney filed Proposed Findings of Fact and Conclusion of Law stating that Demetrius Lott Simms was mentally retarded and therefore exempt from execution. Without modification, and on the same day, the trial judge Michael McSpadden signed the Harris County District Attorney’s proposed Findings of Fact and Conclusions of Law.

On February 28, 2007, the Texas Court of Criminal Appeals affirmed the trial court and officially commuted Demetrius Lott Simms’ death sentence to life in prison.

Other details

The record referred to Demetrius Lott Simms as Demetrius Lamont Simms in one case.