USC 13 (F) RK15-03-0102-01 Breach of Condition (F)
O'Connor Graham, Esquire, Deputy Attorney General,
Department of Justice, for the State of Delaware.
Timothy W. Simpkins, Pro se.
COMMISSIONER'S REPORT AND RECOMMENDATION
Defendant's Motion for Postconviction Relief Pursuant to
Superior Court Criminal Rule 61
defendant, Timothy W. Simpkins, ("Simpkins") pled
guilty on April 29, 2015 to one count of Unlawful Sexual
Contact First Degree, a lesser included offense, 11 Del.
C. § 769(3); and one count of Noncompliance with
Bond Conditions, a Felony, 11 Del. C. § 2109.
He had also been charged with Sexual Abuse of a Child by a
Person in Position of Trust First Degree, Sex offender having
Sexual Conduct Against a Child, and an additional count of
Non-Compliance with Conditions of Bond. In exchange for the
plea nolle prosequis were entered by the State on
the additional charges. The parties recommended a total of
ten years incarceration suspended after serving three years
for varying levels of probation. The Court agreed with the
recommended sentence and sentenced Simpkins accordingly.
initially filed a post-plea Motion to Withdraw Guilty Plea,
which was subsequently denied. Next he filed a pro
se Motion for Post-conviction Relief, pursuant to
Superior Court Criminal Rule 61, alleging in part ineffective
assistance of counsel.
to the Affidavit of Probable Cause, the charges stemmed from
an incident that occurred on September 23, 2014. The victim
in this case was seven years old at the time of the offense.
Simpkins is the boyfriend of the victim's grandmother.
The three of them lived together at the time of the
occurrence. On September 24, 2014, the victim made an
allegation to a guidance counselor that Simpkins touches her
vagina. The victim was interviewed by a forensic psychologist
at the Children's Advocacy Center in Dover, Delaware. She
stated during this interview that Simpkins consumes a lot of
alcoholic beverages and when he does he becomes aggressive.
The victim also stated that Simpkins has been putting his
fingers into her vagina. She stated that most recent
occurrence was September 23, 2014. She described that she
would lay down in bed and that he would pull down her
underwear and put his finger in her vagina. The victim
provided a large amount of detail in regards to being
digitally penetrated by Simpkins during the interview. She
stated that once his finger was inside her, she could feel it
moving around. She stated that she felt pain, as if she had
been stabbed. It caused her to jump off the bed. These
actions usually occur when her grandmother was in the shower.
She stated that Simpkins listens for the water and when the
water stops, he stops touching her.
motion, Simpkins raises the following grounds for relief:
Ground one: Ineffective assistance of counsel.
I have maintained my innocence from the beginning but my
attorney advised me to take the plea because the alleged
victim was so likable that a jury would convict me even
though there is no evidence to support a conviction. If not
for this I would have not signed the plea. She failed to file
a motion to dismiss the indictment even though I requested
she do so ...