Attorney worries client not getting medication

Dec 23 2009 - 8:03am

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Phillip Joseph Simmons
Phillip Joseph Simmons

FARMINGTON -- A public defender is concerned his client may not be receiving the medication needed to keep him competent to stand trial for murder.

Public defender Mark Arrington said in 2nd District Court on Tuesday that he met with Phillip Joseph Simmons, 37, in Davis County Jail earlier this month.

"He told me he was getting zero medications," Arrington said.

Arrington said Simmons has spent almost two years at Utah State Hospital to get the help and medication he needs to be competent. Davis County Sheriff's Chief Deputy Bob Yeaman said Simmons is being offered his medication.

"(But) a couple of times he has refused them," Yeaman said.

Simmons is accused of stabbing Suzanne Fry, 57, with a steak knife 51 times in her Bountiful apartment Jan. 20, 2008.

"He's still not on his medications, even though we have a court order," Arrington said during a hearing.

Judge Rodney S. Page told Arrington to talk to the captain over the jail and then call him with a report.

"I'm just concerned we're going to go three steps backward if this doesn't get resolved," Arrington said.

Arrington also said he plans to submit a motion to have Simmons evaluated to determine if he was competent when the stabbing occurred.

Deputy Davis County Attorney Rick Westmoreland said his office may want to have a separate evaluation done also.

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