File 00467-2019-8-JR-PE-01

Judge Almond Salas

Specialists : Fernanda Vargas Rondon
Caroline Aguirre
Secretaries : Rosario Guillén
Jhon Dueñas
Ludim Toledo
Public Ministry Rober Alonso Vigo Urpeque
Eiska, Rios Luque
Accused :Brett Harlam
Jeffrey McDonald
Offense Homicide and sexual assault
Aggrieved Carla Simmons

ORDER OF PROCEEDINGS

RESOLUTION No. 05
Lima, May twenty-seventh, two thousand nineteen.

CARS, SEEN and HEARD; in a public hearing; the basis of the accusatory requirement
developed by the representative of the Public Ministry, with the participation of the defenses
of the accused and of the representative of the civil actor; the hearing having been concluded
of Accusation Control and
CONSIDERING:

1st Control of the formal and substantial requirements of the accusation:

That the Prosecutors have submitted their accusation request, presented before this
jurisdictional body on the twenty-fifth of May of this year. which was put into
knowledge of the other procedural subjects for a period of ten days in order for them to present
the technical defenses that are deemed necessary, in application of the provisions of the article
350º of the Criminal Procedural Code -hereinafter CPP-. Once the legal deadline has been fulfilled, it
citó a audiencia preliminar a fin de debatir el requerimiento acusatorio, la misma que se dio
for installed on the tenth of May of this year.

Likewise, a guardianship hearing was also held to discuss the alleged rights.
victims of the accused, as a result of which the records of the statements were annulled
of the accused for having been interviewed without the presence of their defense attorney.

2° Of the offering and admission of evidence

In accordance with the provisions of article 352º.5.b) of the Criminal Procedure Code the
The means of proof offered by the parties must be relevant.
relevance and usefulness with the facts subject to proof - the first of them requires that the means
evidence has a direct or indirect relationship with the fact that is the subject of the process;
Second, on its part, it refers to the evidence that is prohibited.
in a certain procedural manner or prohibited to verify a certain fact, while
that the third is presented when it contributes to knowing or what is the object of proof, to discover
the truth, to reach probability or certainty - the judge must reject those that do not
they retain those characteristics in order to ensure speed and security in the judgment,
the respective debate was held in order to determine the admission of the means of
evidence offered by the parties involved.

3rd Of the evidentiary conventions.

The parties reached evidentiary agreements, establishing the following facts as proven
regarding Jeffrey Macdonald:

●That on April 15, 2019, Bert Harlan from Carla Simons' computer
And in their name, a notice was posted on the website 'The Jones List'. Leaving the key.
under the stone.
Jeffrey McDonald sees the announcement and goes to Carla Simons' house.
he followed the same instructions, he assaulted her and in response to her resistance, a
struggle.
Jeffrey McDonald pushes Carla Simmons during the struggle, who falls over the
comfortable hitting its head and causing its death.

Facts about Bert Harling:

The victim Carla Simons died due to a craniocephalic trauma.

multiple contusions and lacerations on the body as well as signs of having been raped.
From the inspection of the forensic doctor, multiple were identified.
hematomas caused by blunt force blows to the back, limbs and
stomach and confirms the sexual assault.
On April 17, Bertt Harlem was questioned and stated that on the day of the
the crime commission was at a bar with his friend Brad.
Andrew Layle Gates provides the police with the personal notice published by Carla.
Simons in "The Jones List".
Jeffrey confesses that he was pressured by the brotherhood he was part of.
He entered the apartment with the key and fulfilled what was described in the ad, generating
a struggle that ended in the death of Carla Simons.
On April 19, Bert Harling was interrogated, where it is indicated that Carla
Simons did not make the publication, but it was done through an autofill function.
from their computer.

4° Constituent parts
Jane Alessandra Simmons Roman, in her capacity as representative of L.Q.E.F. Carla
Simmons is established as a civil party.

5° of the material jurisdiction of the judge of the ruling

In accordance with the crimes subject to accusation, these are instigation of rape.
aggravated sexual assault, provided for in Arts. 170 and 171 in conjunction with Art. 24 of the Code
Crime; and sexual violation, provided for in Art. 170 of the Penal Code, in real concurrence with the
crime of negligent homicide, provided for in Article 111 of the Penal Code to the detriment of Carla
Simmons, the judgment corresponds to the Collegiate Criminal Court, in application of the
provided in Article 28 numeral 1 of the Criminal Procedure Code.

6° of the coercive measures

No coercive measures have been filed against any of the defendants.

THEREFORE, IN APPLICATION OF ARTICLE 353 OF THE CRIMINAL PROCEDURAL CODE,

I RESOLVE: To issue the present order of prosecution; consequently:

FIRST: I declare the PUBLIC PROSECUTION SANITIZED; and, I DETERMINE that the Court
The competent court to hear the oral trial is the Collegiate Criminal Court of Callao.
corresponding.

SECOND: The names and surnames of the accused are:

a) JEFFREY MCDONALD, with DNI No. 70574021; his Defense Attorney is Camila
Ugazcon CAL No. 45896; with procedural address Av. Carlos Zavala No. 405, Independencia;
Box No. 2345.

b) BRETT HARLAM, with ID No. 46840789; his defense lawyer Sonia Chuchón
with CAL No. 78249; with procedural address Avenue La Molina No. 6065

THIRD: The crime subject to the public prosecutor's accusation, its typification, punishment, and the civil reparation that
it is requested that the following be imposed on the accused:

A. FOR THE ACCUSED JEFFREY MCDONALD

TYPIFICATION DEGREE OF PENA REPAIR

PARTICIPATION CIVIL

RAPE
SEXUAL (ART.
170 OF THE PENAL CODE

16 years of sentence
AUTHOR exclusive of the S/. 287,066.66
freedom for SOLES
news a In favor of
HOMICIDE real contest of JANE SIMMONS
Culpable crimes
(ART. 111 OF
C.P.)

B. FOR THE ACCUSED BRETT HARLAM

 TYPIFICATION GRADE OF PENALTY REPAIR
Participation CIVIL

INSTIGATION
ART. 24 CP S/. 143,533.33
Chain SOLES
INSTIGATOR Perpetua IN FAVOR OF
(35 años) JANE SIMMONS

RAPE
SEXUAL (ART.
170
MODE
aggravated
(ART. 177)

FOURTH: After the debate regarding the PROBATIVE CONVENTIONS, there have been
established as certain the following facts.

PLACE OF EVENTS: Apartment 354 located at Los Laureles Street 222,

Bellavista, Callao.
1. Carla Simmons and Breth Harlam were in a romantic relationship, which
ended due to differences.
On April 15, 2019, Mr. Brett Harlam from the computer of
Carla Simmons, on her behalf, posted an announcement on the website.
The Jones List
If you're looking for someone to punish, dominate, and command, here I am. Come
to department 354 located at Calle Los Laureles 222, I will leave a key
under a stone by the door; enter silently, undress, take me
Surprise me, gag me so that I can't scream. I don't want to see your face.
On April 16, 2019, Jeffrey MacDonald entered the house with the key.
what was found under a rock next to the door of the residence, according to
the provisions set forth in the previously described announcement. He entered silently,
he undressed and attacked the victim. Immediately after, Jeffrey placed a tape on the
Carla's mouth so that she could not scream for help, and as she resisted,
Jeffrey neutralized her so she can't defend herself. Jeffrey forced her to have.
vaginal intercourse with Carla.
4. No agreement was reached regarding what happened at the end of the event
sexual.

FIFTH: After the debate on the EVIDENCE SUBMITTED by the parties, there
decided the following:
5.1. ADMITTED TO THE PROSECUTOR'S OFFICE
5.1.1. AGAINST JEFFREY MCDONALD
A) TESTIMONIALS

No. Names D.N.I. ADDRESS

1 Cory Holowit 72440577 Jr. Abraham Valdelomar No.

789 - San Isidro, Lima.

B) DOCUMENTARIES

No. TYPE

1 Autopsy report No. 162

2 Biological DNA Report No. 256

5.1.2. AGAINST BRET HARLING

C) TESTIMONIALS

No. NAMES National Identity

ADDRESS
Document

1 Statement by Bret Harling 46840789 Av. Los Castaños No. 321 -

La Molina, Lima.

D) DOCUMENTARIES

No. TYPE

1 Necropsy Certificate No. 3890. In order to establish the conditions and the
cause of death of the victim.

2 DNA Tests No. 7635-7644 conducted on the victim and Jeffrey McDonald.
By which the existence of skin remnants in the nails of the
victim, the same ones that have been recognized by the processed Jeffrey
McDonald

3 Documentary proof of publication in The Jones List

4 Technical expert report on Carla Simons' computer

5 Act of Diligence for Home Verification No. 1423

5.2. ADMITTED TO THE CIVIL ACTOR

A) TESTIMONIALS

No. Names I.D. card ADDRESS

 1 Statement of Jane Simons. 44019876 Begonias Street No. 456 -
San Isidro, Lima.

E) DOCUMENTARIES

No. TYPE

1 Psychological expertise of Jane Simons carried out by the Institute of Medicine

Legal

2 Psychological expertise conducted by the expert Lorena Salinas on the state

psychological of Jane Simons

3 Fingerprint report for Jeffrey McDonald

found at the crime scene

4 Press screenshots regarding the impact on the honor of Mrs. Jane

Simons

5.3. ADMITTED TO THE TECHNICAL DEFENSE OF THE ACCUSED

5.3.1. JEFFREY MCDONALD

F) DOCUMENTARIES

No. TYPE

1 Photographs taken from the crime scene

2 Report of the crime scene investigation

3 Announcement corresponding to the victim's profile located on the website

[Link]

4 Expert report No. 2810-2019-PE corresponding to the operation of

[Link] the profile of Carla Simons was published

5 Key to Carla Simons' apartment

5.3.2. BRET HARLING

A) TESTIMONIALS

No. Names National Identity

ADDRESS
Document

1 Statement of Jane Simons 44019876 Calle Las Begonias No. 456 -

San Isidro, Lima.
 G) DOCUMENTARIES

N° TYPE

1 Necropsy certificate No. 3890. In order to establish the conditions and the
cause of death of the victim.

2 DNA tests No. 7635-7644 carried out on the victim and Jeffrey Corbit.
which determines the existence of skin remnants under the victim's nails,
the same ones that have been recognized by the defendant Jeffrey McDonald

3 Documentary proof of publication in The Jones List

4 Technical expert report on the computer of Carla Simons

5 Record of Verification No. 1423

SIXTH: The mother of Carlas Simons was established as a civil party.

SEVENTH: No coercive measures have been imposed against any of the defendants.

Consequently, in accordance with the provisions of article 354 of the Procedural Code.
Criminal: NOTIFY the Public Prosecutor's Office and the other parties involved in this order.
of prosecution and within 48 hours of the completion of said action, SEND the Notebook
from the Intermediate Stage to the Collegiate Criminal Court of Callao. LET IT BE KNOWN.