Victim’s family, prosecutors fight convicted killer’s freedom

Bill Gang

Friday, Nov. 5, 1999 | 10:31 a.m.

When the family of a man murdered in 1987 went to the state Parole Board on Tuesday in anticipation of protesting an attempt by the killer to win parole, they were told that no parole hearing was scheduled.

To their dismay, they also were told that the killer -- Juan Maurichal Simon -- already was free and has been for nearly four years.

Simon is not on parole nor is any state agency monitoring his whereabouts or behavior.

He has been on bail on the authorization of District Judge John McGroarty pending the appeal of his conviction to the 9th U.S. Circuit Court of Appeals.

But Nevada prosecutors argued Thursday that Simon is being given special treatment and belongs behind bars while he awaits the eventual outcome of his appeals for the shooting death of Ronnie Twigg.

They also argued to McGroarty that he simply doesn't have the authority to set bail for a convict whose appeals in the state court system already have been rejected.

The judge said he will hand down a decision on the matter later this month.

On the legal issues in Simon's case, McGroarty already has disagreed with those legal conclusions of the appellate courts.

On Oct. 26, 1995, McGroarty ruled after an evidentiary hearing that Simon had been denied a fair trial. He reversed the second-degree murder conviction and ordered a new trial. He also gave permission for Simon to be released on bail.

But less than two months later, the district attorney's office appealed, and a year after that the Nevada Supreme Court overturned McGroarty's decision, according to court documents filed by Deputy District Attorney Alexandra Chrysanthis.

It was at that time that Simon should have been sent back to serve his life prison term with parole eligibility possible only after he has served 10 years. So far, he has only served seven.

Since then, U.S. District Judge Johnnie Rawlinson has rejected Simon's federal appeal, setting the stage for the next round of appeals to the 9th Circuit Court.

Chrysanthis and Deputy Attorney General Victor Schulze argued in court that since there are no pending issues in state court, McGroarty has lost his jurisdiction over the Simon case.

Simon's attorney countered that he deserves to be free throughout the appeal process and noted that the defendant has always appeared at the numerous court hearings in the case.

Chrysanthis stated that the bail is "simply a ploy to extend Simon's liberty at the expense of the victim's family and the public's belief that justice actually exists for all."

"The state requests that the defendant be treated like all other convicted and sentenced felons and be remanded to serve the remainder of his sentence," she stated in court documents.

The victim's wife, Donna Twigg, in a letter angrily asked McGroarty to explain why the convicted killer is free.

"The mental anguish we all had to suffer is more than anyone should have to deal with, especially young children," Twigg wrote. When Ronnie Twigg died, the couple had three children ages 1, 4 and 7.

"Simon is mocking the courts and playing the system to his advantage," Donna Twigg continued. "So far he's winning.

"There seems to be no justice anymore."