Robert Simon

Timeline

• 1974 — Robert Simon shot and killed his 19-year-old girlfriend; he later spent about 12 1/2 years in a Pennsylvania prison for that killing.
• May 1995 — Robert Simon killed Sgt. Ippolito Gonzalez of the Franklin Township police.
• 1995 — Robert Simon was sentenced to 10 to 20 years in prison in Pennsylvania in 1982 and paroled in 1995.
• 1999 — Robert Simon and Ambrose Harris were placed together, against regulations, in a recreation cage at New Jersey State Prison in September 1999.
• September 7, 1999 — Robert Simon was killed in prison.
• April 3, 1997 — Robert Simon was sentenced to death in New Jersey.
• May 21 — The judge set an execution date of May 21; the sentence was subject to review by the State Supreme Court and may take years to resolve.
• February — Robert Simon tried to retract his guilty plea by saying he had been coerced; the judge rejected that contention.

Background

Robert Simon, also known as Mudman, was a motorcycle gang member associated with the Warlocks motorcycle gang and was also described as having been a member of a white-supremacist motorcycle gang.

He had been paroled 11 weeks before the murder of Sgt. Ippolito Gonzalez. He had previously spent about 12 1/2 years in a Pennsylvania prison for killing his 19-year-old girlfriend in 1974.

The offence

In 1974, Robert Simon killed his 19-year-old girlfriend.

In May 1995, Robert Simon and Charles Staples broke into a business just before Sgt. Ippolito Gonzalez pulled over Robert Simon and Charles Staples. Sgt. Ippolito Gonzalez was killed moments after pulling over Robert Simon. The shooting occurred near the Franklin Township police station.

Robert Simon said he shot Sgt. Ippolito Gonzalez because he did not want to return to prison.

Investigation

Officers heard the shots and rushed to the scene.

Officers arrested Robert Simon and Charles Staples after a brief chase.

Trial

Robert Simon pleaded guilty last October to capital murder in the shooting death of Sgt. Ippolito Gonzalez of the Franklin Township police in May 1995.

Robert Simon tried to retract his guilty plea in February by saying he had been coerced, but the judge rejected that contention.

A jury of five men and seven women deliberated 11 hours over two days before returning the verdict.

At sentencing in the penalty phase, defense lawyers argued that Robert Simon should be spared a death sentence, contending in part that he had been abused as a child.

The prosecution asserted that Sergeant Gonzalez had been killed in the line of duty and that Mr. Simon had previously committed another murder.

The judge was Joseph Lisa of Superior Court. He set an execution date of May 21. The sentence was subject to review by the State Supreme Court and may take years to resolve.

Sentencing

On April 3, 1997, Robert Simon was sentenced to death by a jury in Hunterdon County.

The sentence followed his guilty plea to capital murder in the shooting death of Sgt. Ippolito Gonzalez.

The judge set an execution date of May 21; the sentence was subject to review by the State Supreme Court.

Robert Simon had earlier been sentenced to 10 to 20 years in prison in Pennsylvania in 1982 and was paroled in 1995.

Other people and related cases

Sgt. Ippolito Gonzalez

Sgt. Ippolito Gonzalez was of the Franklin Township police. He was described as being 40 and of Buena, N.J. He was killed moments after pulling over Robert Simon and Charles Staples.

Charles Staples

Charles Staples was described as Robert Simon’s co-defendant and also a member of the Warlock motorcycle gang.

Charles Staples was convicted of felony murder and sentenced to life in prison.

Ambrose Harris and acquittal in prison stomping case (June 23, 2001)

In 2001, Ambrose Harris, who was described as a condemned prisoner, was acquitted of stomping a fellow condemned prisoner to death.

Robert F. Gold was identified as the lawyer for Ambrose Harris. The jury had 12 members.

The case was described as occurring during a three-week trial in State Superior Court in Freehold.

The trial evidence included that Ambrose Harris, 49, had reason to believe he was being set up by guards to be attacked by Robert Simon. The two were already enemies when they were placed together, against regulations, in a recreation cage at New Jersey State Prison in September 1999.

The source stated that prosecutors were not able to undermine witness testimony that Robert Simon attacked first.

It also stated there was no dispute that Ambrose Harris punched and kicked Robert Simon to death. The attack ended with Ambrose Harris jumping off a table onto Robert Simon’s shattered head.

The source included the following quotations:

• Daniel G. Giaquinto, the Mercer County prosecutor, said during the trial: "It was the first case of a death-row killing in the state's modern history."
• Robert F. Gold said after the trial: "You had to look at this from Harris's point of view, and his honest and reasonable belief that he was getting set up"
• Robert Gold said in an interview after the verdict: "Prison -- I don't care what prison -- they're dangerous places," and "These guys learn that they have to watch their backs, their fronts, their sides and at the slightest sign of weakness, or they're a victim."

Mr. Gold stressed that Ambrose Harris had been in administrative segregation from other prisoners for hitting a guard, and that Ambrose Harris should not have been placed in a recreation cage with other prisoners while the death-row cells were fumigated.

Craig Haney, a professor of psychology at the University of California at Santa Cruz and an expert on prison life, testified and introduced the term "prisonization" to describe a mindset among convicts that they must defend themselves to the death or face becoming a victim.

Mr. Giaquinto attempted to remind the jury of the brutality of Ambrose Harris's attack, and that Harris kept stamping and jumping on Robert Simon's head long after Robert Simon had ceased to move or to pose a threat.

Mr. Giaquinto maintained that Ambrose Harris persisted to make a reputation for himself among the inmates.

Mr. Gold attacked the prosecution's argument that the attack had lasted too long to be considered self-defense by presenting testimony from Craig Haney and describing "prisonization."

The defense presented witnesses to testify that Robert Simon, once a member of a white-supremacist motorcycle gang, had repeatedly taunted Ambrose Harris, who was black.

Mr. Giaquinto stated that guards were not allowed to enter the cage with the prisoners without permission, and that Ambrose Harris ignored the guards, screaming for him to stop.

Ambrose Harris had been sentenced to die for killing a young woman he kidnapped.

Outcome

Robert Simon was sentenced to death in New Jersey on April 3, 1997, and was killed in prison on September 7, 1999.

In the June 23, 2001 trial involving Ambrose Harris, Ambrose Harris was acquitted of stomping a fellow condemned prisoner to death.

Other details

The motive and methods were described as: "Outlaw biker and career criminal; shot woman who resisted sex (1974); killed police officer following robbery (1995)."

The source listed: "M RACE: W TYPE: N MOTIVE: CE/Sex. MO: Outlaw biker and career criminal; shot woman who resisted sex (1974); killed police officer following robbery (1995)."