The Commission on Capital Cases updates thisinformation regularly.  This information; however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied upon for statistical or legal purposes.

Simpson, Jason (W/M)

DC#    301898

DOB: 05/25/73

4th Judicial Circuit, Duval County Case # 02-CF-11026

Sentencing Judge: The Honorable Charles W. Arnold

Attorney, Trial: Refik Eler and Chuck Fletcher – PublicDefender’s Office

Attorney, Direct Appeal: Frank J. Tassone, Jr. – Private

Attorney, Collateral Appeals: Sonya Rudenstine – Registry

Date of Offense: 07/15/99

Date of Sentence: 03/29/07

Circumstances of Offense:

On March 29, 2007, Jason Simpson was sentenced to death forthe 1999 double ax-murders of Archie Crook, Sr. (38) and Kimberli Kimbler(29).  Simpson, then a confidential informant for Jacksonville police, wasknown to the couple through Crook, Sr.  The two men had been previouslyinvolved in the sale of illegal drugs.  Kimbler was seven months pregnantwith the couple’s first child at the time of the murders.

The victim’s son, Archie Crook, Jr. and his friend ShawnSmallwood, were the last people to see the couple alive.  The two men hadvisited the couple the night before in order to cash a check.  Around 1:00a.m. on July 16, 1999, Crook and Kimbler were attacked with an ax as they sleptin their bed.  The bodies of the two victims were found later that morningby Crook’s father, Clyde Crook, when he entered the home through an unlockedside door.  Crook then called his friend, Christopher Howard, to meet himat the scene.  The two men then called Jacksonville police.  Thatmorning, detectives located the ax used in the murders, containing DNA fromboth victims, in the victims’ backyard.  The detectives also found, hiddenbehind an air-conditioning unit on the property of a church near the home, asweatshirt, a pair of sweatpants, shoes, and a hat.

Crook, Sr. and Kimbler died as a result of chopping woundsto the head and neck.  Several blows were inflicted upon Crook, Sr.’s faceand neck, breaking his jawbone and severing his carotid artery.  Kimblerreceived multiple blows on the head and neck, ultimately breaking two vertebraein her neck.  Defensive wounds found on both victims indicate that theyattempted to fend off the intruder.

Around 8:00 a.m., Detective Hinson, a Jacksonville detectivewho had been using Simpson as a confidential source, heard about the murdersand, recognizing the address, attempted to contact Simpson by pager. Simpson responded to Detective Hinson’s pages around noon.  When DetectiveHinson questioned Simpson, he told Hinson that Crook, Sr. and his son had beenaware Simpson was informing for police and had been telling their mutualacquaintances.  When confronted with photographs of the recovered clothes,he denied that they were his and denied being involved in the murders.  Atthat time, there was no evidence to link him to the crimes.

In November of 2001, Simpson was asked by JacksonvilleDetective Bialokowski for his assistance with the then-unsolved Crook andKimbler murders.  In response to this request, Simpson denied knowing thecouple.  On August 14, 2002, Jacksonville Detective Gilbreath received DNAtest results from the recovered articles of clothing, and on September 4, 2002,he interviewed Simpson.  Kimbler’s DNA was found on the sweatpants,sweatshirt, and shoes.  Crook, Sr.’s DNA was found on thesweatpants.  Simpson’s DNA was found on the sweatshirt and sweatpantsalong with 2 of his hairs.

Apart from the forensic evidence linking Simpson to themurders, a witness came forth at time of trial to testify againstSimpson.  Michael Durrance, a seven-time convicted felon, testified thatSimpson had confessed to the murders.  According to Durrance, Simpsonboasted about sneaking in through the laundry room window and striking thecouple with an axe.  Durrance had withheld this evidence from Jacksonvillepolice until he thought he could use the information in exchange for leniencyin his own case.

Additional Information:

At the time of Simpson’s trial, Durrance had received noleniency from the State in exchange for his testimony.

Prior Incarceration History in the State of Florida:

Trial Summary:

12/05/02         Indicted as follows:

                                   Count I:          First-Degree Murder (Archie Crook, Sr.)

                                   Count II:         First-Degree Murder(Kimberli Kimbler)       

01/29/07         Jury returned guilty verdicts on all counts of the indictment

02/06/07         Jury recommended death by a vote of (Ct. 1) 8-4, (Ct. 2) 9-3

03/29/07         Sentenced as follows:

                                   Count I:          First-Degree Murder (Archie Crook, Sr.) – Death

                                   Count II:         First Degree Murder(Kimberli Kimbler) – Death     

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 07-798

3 So.3d 1135

04/30/07         Direct Appeal filed

12/03/08         Oral Arguments held

02/12/09         Convictions and sentences affirmed

02/25/09         Motion for Rehearing filed

03/27/09         Rehearing denied

04/15/09         Mandate issued

04/15/09         Corrected Mandate issued

United States Supreme Court – Certiorari Petition

USSC# 08-10414

130 S.Ct. 91

05/11/09         Petition filed

10/05/09         Petition denied

State Circuit Court – 3.851 Motion

CC# 02-011026

(Pending)

10/01/10          Motion filed

Factors Contributing to the Delay in Imposition ofSentence:

There have been no undue delays at this time.

Case Information:

On 04/30/07, Simpson filed a Direct Appeal in the FloridaSupreme Court, citing the following issues: (1) the trial court erred in notgranting a mistrial and/or requesting the jury to deliberate further inappellant’s case when a juror recanted her guilty verdict before evidence waspresented in the penalty phase, violating appellant’s Fifth, Sixth, andFourteenth Amendments of the U.S. and Florida Constitutions; (2) the trialcourt erred when it denied defense counsel’s motion to exclude the public fromthe courtroom during Juror Cody’s testimony as to why the guilty verdict wasnot hers; (3) the trial court erred in allowing the jury to proceed to thepenalty phase of appellant’s trial after hearing testimony from a juror thatthe previous guilty verdict was not hers; this allowed the jury to proceed withthe penalty phase was in violation of appellant’s Fifth, Sixth, and FourteenthAmendment rights of the U.S. and Florida Constitutions; (4) the trial courterred in not granting defendant’s motion for a jury interview when a juror onappellant’s case recanted her previous guilty verdict before the jury proceededto the penalty phase of appellant’s trial; said error was in violation ofappellant’s Fifth, Sixth, and Fourteenth Amendment rights of the U.S. andFlorida Constitutions; (5) the trial court erred by not making a definitiveruling on defendant’s “motion for pre-trial ruling on admissibility of‘reverse’ Williams rule evidence,” thereby not allowing defense counsel toaddress relevant impeachment information pertaining to state witnesses whichprejudiced appellant at trial; and (6) the State committed prosecutorial misconductin the guilt and penalty phase closing arguments at trial, entitling appellantto a new trial.  Oral Arguments were held on 12/03/08.  On 02/12/09,the Florida Supreme Court affirmed Simpson’s convictions and deathsentences.  On 02/25/09, Simpson filed a Motion for Rehearing, which wasdenied on 03/27/09.  On 04/15/09, the Florida Supreme Court issued amandate in this case.  On 04/15/09, a corrected mandate was issued withthe proper Circuit Court case number.

On 05/11/09, Simpson filed a Certiorari Petition in theUnited States Supreme Court.  This petition was denied on 10/05/09.

Simpson filed a 3.851 Motion in the Circuit Court on10/01/10. This motion is currently pending.

________________________________________________________________________

Report Date:  02/23/09          AEH

Approved:      02/24/09          RM

Updated:        10/12/10          EMJ