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thursday, October 18, 1979
lincoln, nebraska vol. 103 no. 37
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Simants acquitted by reason of insanity
By Shelley Smith
Exactly four years after he killed six members of a
Sutherland family, Erwin Charles Simants, 33, once sen
tenced to die in Nebraska's electric' chair for the crimes,
was found innocent by reason of insanity.
Simants, in 1976, was found guilty by a Lincoln
County jury of sexually assaulting three members and
murdering six members of the James Henry Kellie family
.of Sutherland.
However, because Lincoln County Sheriff Gordon
"Hop" Gilster was accused of playing cards with
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' Photo by Mike Sweeney
Recovery from severe bums requires time, patience; and wiflower oTicethe' itching sets in: The above pa-
tient at. St. Elizabeth's BumTrauma uhitnospitalized.sface he was turned two rt to leave
soon under his own power. . . " !;
Burn unit miserable way of life
By Mary Kay Wayman
The head of the only burntrauma unit in Nebraska
said he is alarmed to hear of students playing with fire
at late night bonfires. , ;
"It horrifies me to think of a young individual try
ing to run through a bonfire," Dr. Robert Gillespie,
head of the St. Elizabeth Hospital BurnTrauma Unit,
said. "Some of those people ought to see some of our ,
patients, because they are inviting this."
"I'd sure as hell hate to see a young kid throwing
away his career or whatever is in his future," he said
Once a patient enters the burntrauma unit it is
"not a pleasant environment," . Gillespie said, "It's a
pretty miserable way of life," he said.
The burntrauma unit is unique in that it was one of
the first established without federal funds or any sup
port other than that of St. Elizabeth's Hospital.
Library hour cut draws criticism
The Lincoln burntrauma unit services a wide area
which includes all of Nebraska, South and North Dako
ta, and parts of Kansas, Iowa and Colorado.
FALL IS THE beginning of the burn season, he said,
but even before the cooler weather began the burn
trauma unit had been flooded with cases.
The ten-bed unit had fourteen patients at one time.
Because some of the patients were children, more beds
could be fit in the unit.
The difference between burns and most other in
juries is that patients spend such a long time in re
covery, Gillespie said. Burns on both arms, chest and
neck could keep a patient in the hospital for three
months with a year of treatment, he said.
Working with patients on a one-to-one basis for
a long time is a strain on the burntrauma unit person
nel as well as the patients, he said.
Continued on Page 14
By Barb Richardson
Students should not let University officials limit library
time any further, according to ASUN Sen. Dale Wojtasek,
Wojtasek, speaking to the Senate during Wednesday
night's meeting, said the library is not serviced adequately
now and any further cuts would be unreasonable .
UNL officials have suggested that closing the library
would help cut operating costs.
ASUN Second Vice President Kim Weiland said earlier
in the day that plans for limiting library time include
closing an hour earlier every night and closing the library
on Saturdays.
"We will not 'stand for the library to be closed
weekends, nights or ever," Wojtasek said. It is time for the
senate to take action, Wojtasek added. .
In open forum, Union Board President' John Kreuscher,
said students should not have to pay an increase in
student fees to pay for the Union's utilities.
Recently it was found that the Union, and Health
Center health costs cannot be paid by the state because
they are still bonded projects.
Kreuscher said utilities could be paid for from a
student fee increase, a cut in Union programs or from
University funds.
"I believe that the Regents will not increase student
fees to pay for the shortage," he said. ASUN President
Bud Cuca commented later in the meeting that he also did
not think that the Regents would approve the increase.
Kreuscher said the Regents may cut into the Fund A
present budget but that is something that nobody
wants."
'The students have already paid their fair share, it's
time for the University to pay their share, he said.
Continued on Page 14
sequestered jurors during the trial, the Nebraska Supreme
Court overturned the decision and ordered a new trial.
Many jurors appeared to be tired and upset as . the
clerk read the "verdicts. Defense attorney David T.
Schroeder grasped Simants hand, and wept in his other
hand while listening to the decision before embracing
Lincoln County Public Defender Scott Helvie. Simants sat
quietly and motionless.
"It was an ordeal for everybody," juror Douglas Leigh,
32, said outside of the courthouse.
Leigh, managing editor of The Voice of Southern Lan
caster Canity, said, "Anybody who hasn't experienced
any of this, I would question what right they have to
criticize."
JUDGE HUGH STUART, after the verdicts were given,
told the jury, "it was a long and strenuous case. I'm sure
you were aware of the tensions involved therein."
The jury deliberated 18 hours during three days to
reach its decision, which Helvie said he knew was a
"proper verdict."
"The first trial was determined by factors other than
the circumstances it was tried for," he said.
Schroeder said he agreed.
"I'm happy, very happy," he said.
"There was more evidence presented for them (jury
members) to make a decision," he said.
The fact that Simants committed the murder and
assaults never was a question during the trial. Jurors, early
in the trial, listened to a tape-recorded confession Simants
gave police the morning after he killed the Kellie family
Oct. 18, 197 5 -four years ago today.
' . ' ......
Defense attorneys had asked the jury only to consider
evidence regarding Simants' sanity when he murdered and
assaulted the Kellies. . , : '
. " "THERE WAS NO.question he (Simants) committed a
series of hideous crimes. It's unfortunate the law didn't
give us any room," Leigh said.
Prosecuting attorney Marvin Holscher, visibly
shakened, said he was "extremely disappointed" with the
decision. (
"I have no right of appeal," he said.
According to state statute, Simants' case will be heard
by the Lincoln County Mental Health Board, and the
board will decide if Simants is a potentially dangerous
patient, and will act accordingly.
"He (Simants) doesn't belong back out in society at
this time. He's going to be in the' Regional Center for a
long time I expect," Schroeder said.
"The only problem now is the judicial system loses
control of it (the case) completely," Schroeder said.
Tuesday, it appeared the jury might have completed its
deliberation when jury' foreman Katherine Tyler, 41, of
Lincoln handed a note to the bailiff which asked if the
jury could "read a unanimous statement of jury feelings
either prior or subsequent to the rendering of a verdict."
Leigh explained the question was asked as "an attempt
for everybody to negotiate."
HOWEVER, JUDGE Hugh Stuart denied the jurors
request and directed them to decide the case according to
previous instructions. ,
. "Judge Stuart wasn't fair in not letting us comment,
Leigh said.
Leigh said any further comments he had concerning
the case might be printed in his newspaper-copy-righted."
On Monday afternoon the jury received supplemental
instructions from Judge Stuart directing jurors not to
share any professional knowledge about psychology.
. Leigh reportedly has taken graduate college courses in
psychology. However, when asked if he was one of the
jurors Stuart was referring to, Leigh said "no comment.
Women politics: Family life and American politics can
mix t : Page 10
Spencer Ward: Band plays its original music Paje 10
Split end record: Tim Smith may gain 1,000 career yards
in receptions this Saturday and has a chance at Guy
Ingle's all-time Nebraska record . . . . Page 12