Pocono News Section

Couple Will Face Trial in Death of Infant Sun

Couple Will Face Trial in Death of Infant Sun - Wednesday, April 30, 2008 at 5:50PM EST

Reported by: Jill Konopka
Wednesday, Apr 30, 2008 @ 05:50pm EST
HAZLETON, LUZERNE COUNTY- There is now enough evidence in a child murder case to send it to trial and prosecutors say a mother and her boyfriend from the Hazleton area are to blame.

Prosecutors compare Tiffany Simmons bringing her infant son to Alan Leitzel, Jr.'s home - like going to the zoo. "Our case against Tiffany Simmons is likened to a mother who took the child in an animal cage, opened the door, and left her child there," said Luzerne County Assistant District Attorney Jarrett Ferentino.

On Wednesday a judge ruled there is enough evidence against Simmons and her boyfriend to send their case to trial. Both are charged with her infant son's death. 3-month-old Xavier Simmons died last January.

Witnesses testified he was shaken violently and suffered blunt force trauma. Prosecutors also argue Luzerne County Children and Youth forbid Simmons from bringing her baby to her boyfriend's. "Our position is she had knowledge of dangers with her child. That's our case against Simmons, a big part of our case," said Ferentino.

Another witness, a state trooper, testified Alan Leitzel Jr. confessed he shook the baby two or three times as he tried to wake Tiffany Simmons up. The baby went limp and turned white. Leitzel told the trooper he caused it.

Alan Leitzel Jr.'s Defense Attorney Bill Ruzzo said, "Even if he intended to cause injury, there is no pre-meditation there."

Both defense attorneys tried to get the charges against their clients dropped. Simmons’ defense attorney Shelley Centini said, "Involuntary manslaughter requires she be the cause of the death or conduct rise to a level of gross negligence or recklessness. We didn't believe she was the cause."

Judge Thomas Sharkey denied both requests. Leitzel is being held without bail, Simmons on $250,000 bail.