The Michigan Supreme Court has sidelined the case of a tutor convicted of having sex with a Catholic Central High School student, saying her dispute with lifetime electronic monitoring may be resolved in a similar case argued before justices earlier this year.
It’s somewhat of a victory for Abigail Marie Simon, 37, who was convicted on three counts of first-degree criminal sexual conduct in Nov. 2014.
The Supreme Court hasn’t accepted her appeal, but said in a one-page order released Tuesday, March 7 that it is holding it in abeyance while deciding issues raised in a similar case out of St. Clair County.
That case involves a 25-year-old man put on a lifetime of electronic monitoring following a sexual assault conviction. Simon says the scrutiny, which awaits her when she gets out of prison, is unconstitutional.
Simon was convicted of having sex with a 15-year-old sophomore student at Grand Rapids Catholic Central High School, where she worked as an academic advisor.
The 11-day trial garnered national attention; Simon said she was intimidated by the boy and argued the sex was involuntary. She’s being held at the Huron Valley Women’s Complex in Ypsilanti and is not eligible for release until 2022.
Simon raised several issues in her appeal, including a lifetime of electronic monitoring once she gets out of prison.
The Appeals Court last year struck down her arguments, but approved a new hearing on her 8 to 25-year prison sentence.
Simon contends lifetime electronic monitoring constitutes unreasonable search under the Fourth Amendment. She also said it's unconstitutional because nothing indicates that she is likely to be a danger to society, noting the Catholic Central student “was her first and only victim.’’
The Court of Appeals disagreed.
“The monitoring does not prevent defendant from traveling, working or otherwise enjoying the ability to legally move around,’’ justices wrote.
►Earlier: Tutor guilty on four of five sex charges
A ruling on the case out of St. Clair County is expected to be released by early summer. Because it could directly impact Simon’s case, justices are delaying a decision on whether they’ll consider her bid to be heard.