John Thomas SimpsonAfter four years and five appointed attorneys, John “Cutthroat” Simpson saw his murder trial delayed again Monday.
Simpson fired his last attorney, Daniel Ripper, just before his case was set to go to trial. Judge Don Poole appointed Joseph Lodato to represent him, told him he was “manipulating the court,” and warned him that if he fired another lawyer, he would be left to represent himself.
But Lodato recently took a position with the Hamilton County Public Defender’s office, and Poole appointed attorney Mike Acuff to represent Simpson.
“I was delivered the file on Friday before I left. I probably spent somewhere between 15 and 20 hours reading that file, and I’m probably not quite halfway through the reading of that file,” Acuff told Poole on Monday.
Simpson’s trial was set to begin Oct. 18.
The case has dragged on for nearly four years. Simpson’s rule docket, the document that tracks each filing in his case, is 14 pages long. He pled guilty to second-degree murder last year, while representing himself, and agreed to testify against three co-defendants, Unjolee Tremone Moore, Steven James Ballou and Harold Francis Butler III.
Prosecutors said Simpson, Butler and Ballou shot 46-year-old Bernard Hughes and wounded Timothy Westfield during a robbery at Hughes’ Oakwood Drive home. Moore, they said, drove the getaway car.
Prosecutors didn’t use Simpson’s testimony during Moore’s 2013 trial, which ended in a conviction and life sentence. But when he was called to testify against Butler, Simpson refused. Prosecutors called him to the stand anyway and Butler, too, was convicted and sentenced to life in prison.
Since Simpson’s refusal violated the terms of his plea agreement, he will once again be tried for first-degree murder, attempted especially aggravated robbery, attempted second-degree murder and employing a firearm during a dangerous felony.
After Acuff asked for more time to familiarize himself with Simpson’s case, Poole agreed to set a new trial date for Dec. 9.
“Mr. Simpson, we’ve continued the trial date, and I indicated that’s no fault of yours,” Poole said.
Contact staff writer Claire Wiseman at cwiseman@timesfreepress.com or 423-757-6347. Follow her on Twitter @clairelwiseman.
From the future, Feb. 4, 2015: