AMI Rtdboa IhiwsU; Utnq WEATHER Hirrlicmbwg, IA 22807 TODAY: Showers, EVERY WOMAN'S high 41 °F, low 27°F. • SATURDAY: Partly cloudy, high 47°F, NIGHTMARE low 29°R SUNDAY: Partly Breast Cancer cloudy, high 46°F, low 26°F. See Focus pages 20-21 JAMES M A D I S"0 N UNIVERSITY FRIDAY 5. 1998 VOL Hung jury Simmons gets mistrial PROSECUTION VS. DEFENSE •When put together, evidence points •Police rushed to judgement. in 'hopeless deadlock' to SimmonsY guilt. •Past violence between Simmons •Card to Olson from Simmons 5 days Silence overtook the court- and Olson shows Simmons' before murders: "-Thank you for by Brad Jenkins & Kathcryn Lenker room as observers waited for the . jealousy and potential motive. being my friend." 10-woman, two-man jury to senior and staff writers announce its decision. •Witnesses say they saw a white •Blazer is owned by Hunter's Ridge The Brent Simmons capital Simmons sat calmly between Chevy Blazer in Harrisonburg the resident murder trial ended in a mistrial his defense attorneys, not show- morning of the murders; Simmons Wednesday after jurors informed ing any outward reaction, as he's owns a Blazer. the judge they were "hopelessly done throughout the trial. deadlocked." Defense attorney David Walsh •Murders allegedly occurred at •Olson and O'Connell didn't get "We were unable to reach a had his arm on the back of 2:30 a.m.; Simmons denies being to apartment until 2:40-3 a.m. verdict," forewoman Jennifer Simmons' chair, and Simmons' in Harrisonburg at that time Made pizza order at 1:26 a.m. Martin told the judge and crowd- family sat quietly, looking arrived at Spanky's at about ed courtroom after deliberating a straight ahead while awaiting the to the police before the police gave / him any details. 2:05 a.m. Witness says they ate total 12 hours. jury's decision. at Spanky's for 30-45 min. Simmons, a former JMU stu- The jury indicated they had a dent, is charged with the shoot- decision after the lunch recess ing deaths of former JMU stu- Wednesday afteK/feliberating all •Simmons said gun was stolen; tells •Simmons didn't report stolen gun dents Ann Olson, 25, and Keith day Tuesday and a portion of different people different locations. because he thought he wouldn't O'Connell, 23. Because there was Wednesday morning. Martin Didn't report stolen gun to South get it back anyway. a mistrial, Simmons will be tried told Rockingham County Circuit Carolina authorities, where it was again. Prosecutors and defense Court Judge Porter Graves that reportedly stolen. attorneys plan to meet today to determine a new trial date. see JURY page 2 JENNIFER E. LoMAURO/ contributing artist JMU snowbound and bound for snow Despite predictions of mild winter, storm brings Law requiring Harrisonburg six inches of snow and cancels Wednesday classes residents shovel sidewalks not out our tongues to catch snow, pounded JMU. He now has a 'rigidly' enforced, police say by Courtney A. Crowley slipped around and had a snow- crew of extremely tired workers ball fight. I loved not having on his hands. Hfe"i by Lisa Rosato news editor |5?% class. I didn't have any tests, but "The snow was kind of El Nifto sure is a mercurial I got to sleep in late and be wimpy, but mixed with every- staff writer soul. For the second time in a slack." thing, especially following last week, Mother Nature dumped But there was one group on week's storm, it was hard on our If you feel like you need a team of huskies to get you safely down substantial snowfall in campus that wasn't slack. The workers," Auckland said. "1 South Main Street sidewalks in one piece after a snow storm, you Harrisonburg after weather fore- facilities maintenance staff was hope we can go at least two aren't alone. casters predicted a mild winter on the job around the clock from weeks without another one." The Harrisonburg city code requires all city property owners for the Valley because of the Tuesday night through yester- Facilities management was with public sidewalks bordering their property to clear them within tropical weather phenomenon. day evening. out in full force. "We had out all three hours once snow stops falling, said Captain Daniel Claytor, The storm forced JMU to can- "We never knew what it was the vehicles we could spare," Harrisonburg Police Department This law has been in place for at cel classes Wednesday, and stu- going to do," said Jim Auckland, Auckland said. "We put snow least 25 years. dents took advantage of the mid- director of facilities manage- removal equipment on. If snow stops falling in the middle of the night occupants have week vacation. ment. "The sleet made it diffi- ■ Everything we could use, we until 10 the next morning to clear a path on sidewalks. The code also "I got up at 1:30 p.m. and cult With snow, if you can keep had. out there. We used it all: provides for a clearing service to those property owners who aren't studied and had a nice, relaxing up with it, you can push it away. dump trucks, back hoes and present or don't clear the sidewalk. A fee will be charged for that day," junior Jennifer Talbott said. But this slush made it difficult to lawn mowers with blades for the service, Gaytor said. E4r JL^HM^l "I was very glad school was can- deal with." sidewalks." Claytor said the ordinance is not rigidly enforced. "We try to be celed." Auckland said some of his Workers concentrated on reasonable [with residents]," he said, "The police department does- Sophomore Mary Beth staff members sacrificed time clearing streets and sidewalks, n't go around and inspect the sidewalks. There just isn't time for Tinkham said, "[My roommates with their families to stay in trying to make them passable for that." The police will, however, respond to complaints concerning and 0 went out to see how deep town and combat the six inches it was in our flip-flops and stuck of snow, sleet and ice that • see STORM page 2 see SHOVEL page 2 2 Friday, Feb. 6,1998 THE BREEZE »• Jury '. continuedtrom page 1 Friends of the victims also cried seated as she cried with her head the jury was hung. again say they couldn't reach a in her hands. I A U M UADISON IINIVMSITl Graves then instructed them to decision and wanted to end as the decision was announced. 'To the press alone, chequered as Simmons' mother cried. The families of O'Connell return to deliberation and try to deliberations. Olson and Simmons were escort- it is with abuses, the world is reach a verdict. "If you can reach After asking the jurors if they After the jury left and bailiffs ed from the courthouse by indebted for all the triumphs a decision without sacrificing were certain they couldn't reach a escorted Simmons out of the verdict if given more time, courtroom, O'Connell's older Rockingham County Sheriff's which have been gained by your individual decisions, it is Deputies. reason and humanity over error your duty to do so," he told Graves declared a mistrial and brother, Kevin, lunged toward them. excused the jury from further ser- the side of the courtroom where John O'ConneH,' Keith and oppression." Simmons and his family were. O'Connell's father, then briefly — James Madison Two women jurors wept as vice. they left the courtroom and Olson's and O'Connell's fami- The O'Connell family held Kevin spoke with reporters'. "We look Editor Kristen Hetss could be heard sobbing after lies were visibly upset when the back as he yelled, "Guilty!" forward to a second trial," he Managing editor Laura L Wade leaving. decision was announced. Some Several deputies rushed over but said. Simmons will remain in jail Tecluiology manager Brian Hlgglns After 30 minutes of additional put their heads in their hands, were not needed to restrain him. untilitil his second trial. At manager Erin M. Callaghan deliberation, the jury returned to while others silently cried. O'Connell's mother remained News editor Courtney A. Crowtcy News editor Rob Speirs Asst. news editor Andl Metztor Opmkm editor Kelley Blasslnfiame Style editor Jim 'Vegas' Terp Focus editor Chris KHmek Asst. style/focus editor Julian Walker Shirts editor Steven M. Trout Asst. sports editor Sett) Burton Copy editor Lisa Fox Plrto editor Jennifer Baker Asst. pinto editor Ed Dyer GnyMa atti w Thomas Scala Aihisers nip De Luca, Alan Neckowttz, David Wendelken The Breeze is published Monday and Thursday mornings and distributed throughout James Madison University and the local Harrisonburg community. Comments and complaints should be addressed to Kristen Heiss, edi- tor. Mailing address: 77K" Breeze Gl Anthony-Seeger Hall MSC6805 James Madison University Harrisonburg, Virginia 22807 photos courtesy of "The Daily News-Record E-Mail address: the_ [email protected] Commonwealth's Attorney Douglas Stark and Defense Attorney David Walsh went head-tohead for the Simmons capital murder trial. On Breeze Net: Wednesday, the jury said it couldn't make a decision after a total 12 hours of deliberation, but Rockingham County Judge Porter Graves called http: / /breeze.jmu.edu for a mistrial only after he made them deliberate further. After 30 more minutes, the jury reemerged and said they couldn't reach a decision. An individual may have one copy of The Breeze tor free. All subsequent copies cost 25 cents apiece. Storm Shovel continued from page 1 continued from page 1 In The Breeze campus pedestrians.