The rape trial of former Horseshoe Bend Treasurer Charles Simmons, slated for April 8, has been postponed after his attorney, Larry Kissee, filed a motion requesting a mental evaluation of Simmons to determine his fitness to stand trial.
Simmons, 47, was charged in May 2001 with two counts of felony rape, a class Y felony. The Izard County Deputy Clerk said no order has been filed for a new trial date.
Kissee filed the motion for Simmons' mental evaluation on March 21 and said Simmons will claim mental disease or defect as a defense.
The motion for continuance claims that Prosecuting Attorney Don McSpadden failed to disclose all material evidence in sufficient time prior to trial for the defendant to properly evaluate and investigate the materials.
Kissee was advised March 20 that photographs were seized from the defendant's computer, but the existence of the photographs had not been disclosed to the defendant for viewing prior to the scheduled pre-trial date.
Simmons is charged with engaging in sexual intercourse with another person under the age of 14.
The affidavit contains an accusation by a 15-year-old boy to a special agent of the Arkansas State Police that Simmons had involved him in over 35 sexual acts over a period of three years.
Horseshoe Bend Mayor Bob Spear said Simmons tendered his resignation as treasurer in April 2001. In his resignation he claimed he was leaving his position at the request of his father who suffered declining health.
A warrant for Simmons' arrest was issued four days after he resigned April 10. The warrant was served May 7 and Simmons was set free after he posted a $20,000 cash bond and a $30,000 property bond.