Miss. execution of Robert Simon Jr. halted over doctor access to killer

(CBS/AP) JACKSON, Miss. - A federal appeals court says it stopped Mississippi's execution of Robert Simon Jr. partly because the state refused to let doctors hired by the inmate's lawyers to interview him and rule on his mental competency.

Simon was sentenced to death for the 1990 slaying of members of a Quitman County family. The execution was blocked hours before its scheduled time Tuesday.

In Wednesday's order, the three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans criticized the state's handling of Simon's case.

Simon's lawyers had contended that Simon is incompetent because he seems to have suffered a "significant neuropsychological event," likely some kind of blow to the head, on Jan. 7 and that this has caused his memory to be severely impaired. The affidavits and medical records submitted on Simon's behalf indicate that he has become unable to remember many things, such as his own age and birthday, the identity of the lawyer who has represented him for more than ten years, and basic information about his legal situation, including the fact that he was scheduled to be executed.

The state attorney general's office contended the issue of Simon's mental health had been exhausted in appeals rejected by both Mississippi and federal courts.

The 5th Circuit panel said the Mississippi Supreme Court allowed Simon's lawyers access to his medical records but would not allow a doctor hired by Simon to see him. The panel said the doctor's affidavit about Simon's competency was based only on the medical records, while the attorney general's office was allowed to submit affidavits from doctors who had talked to Simon, the panel said.

The Mississippi Supreme Court previously ruled against Simon and set the execution date. Then a federal judge in Mississippi had refused to stop the execution.

Simon, now 47, was convicted and sentenced to death in the 1990 slayings of Carl Parker; Parker's wife, Bobbie Jo; and their 12-year-old son, Gregory. The killings occurred a few hours after the family had returned to their rural Quitman County home from church services.

Simon also was sentenced to life in prison for the killing of 9-year-old Charlotte Parker, daughter of the slain couple. Simon and Anthony Carr, now 45, were both convicted of the killings. Carr is also on death row.

The 5th Circuit Court of Appeals is giving lawyers for Simon and the state until June 6 file supplemental briefs in the case.