Kimberly Simon murder investigation to get new prosecution team


UTICA, N.Y. (WKTV) - There is some movement this week in the Oneida County District Attorney's Office that indicates they're getting ready to move on the 25-year-old murder of 16-year-old Kimberly Simon.

"We sat down and we kind of formed the prosecution team that will actually handle the case in the event that we go to the grand jury and proceed," says District Attorney Scott McNamara.

The team is lead by veteran major crimes prosecutor Kurt Hameline. Assistant District Attorneys Dawn Lupi and Robert Bauer will assist, Lupi because of her expertise in DNA. McNamara says there is no guarantee the case will go to a grand jury for a possible indictment.

"I think a lot of that depends on Kurt; Kurt's going to look at the case and he's going to go over the case and make a decision," says McNamara, who points out that it's important to bring a grand jury the strongest case possible.

"Because if you end up with a no bill, that could be the end of the case, that could be the end of the prosecution of that case."

Whichever way the prosecution team decides to go, McNamara has asked them to let him know by September.

"If we're going to go forward, if it does look like there's going to be a situation where we go to a grand jury or vice versa, we're not going to go to a grand jury, we need to go visit Kimberly's family and explain to them what we're going to do."

Among the many hurdles that the prosecution would face at trial, McNamara says this biggest is the fact that the wrong person-Steven Barnes-was convicted and spent nearly 20 years in prison for Simon's murder.

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