Grace Suozzi, the 70-year-old former Walmart cashier who was punched in the face Christmas Eve 2011 by 27-year-old Jacquetta Simmons, is seeking $2,100 in restitution for expenses related to her injury.
Judge Robert C. Noonan presided today over a restitution hearing and will issue a decision later on the restitution request.
Suozzi's daughter, Teresa Wormley, testified that she has been handling her mother's medical care, including taking her to and from medical appointments.
The itemized list of restitution claims includes co-pays, high blood pressure medication, transportation mileage and lost earnings because Suozzi could not work as a poll watcher during the last election.
The attorney for Simmons, Earl Key, objected to just about every question put to Wormley by ADA Melissa Cianfrini, saying that Wormley lacked the proper expertise on the topics.
At one point, Noonan became exasperated with Key and told him the rules for evidence in a restitution hearing were not the same as criminal trial.
Key said he just wanted to get his objections on the record, which Noonan agreed was his right.
During cross examination, Key probed Wormley about why she hadn't submitted medical bills to workers comp and Wormley said she didn't know she could.
In closing arguments, Key argued that Suozzi wasn't entitled to restitution for items she could have been reimbursed for (through workers comp) and that since Suozzi hadn't been to a doctor for years priror to the incident, there's no way of knowing if she already had high blood pressure. Key argued that Simmons shouldn't pay for the $215 in high blood pressure medication.
Cianfrini said that Simmons was responsible for actual out-of-pocket expenses and the restitution sought was within the scope of the law. She also pointed out that the court has previously awarded restitution for a third party to drive a victim to and from medical appointments.
After the hearing, District Attorney Lawrence Friedman said it doesn't really matter whether Suozzi has sought workers comp for her uncovered medical expenses because any restitution would go to workers comp if those claims were approved.
Typically, in restitution cases, defendants must reimburse insurance companies that have paid out claims.
Simmons, out of prison pending an appeal of her sentence, appeared in court with her family and her infant child.
At the end of the hearing, Noonan asked about the status of the stay of sentence issued by the Court of Appeals. The stay expires May 31 and Key indicated he plans to have his actual motion to have the sentence vacated by then, and will seek a continuation of the stay pending further consideration of the appeal.
