Erwin Charles Simants, found not guilty by reason of insanity of the 1975 murder of a Sutherland family, is staying put until next year at least.

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So ordered Judge Donald Rowland’s following the annual review of Simants’ mental health and incarceration status. The review has been continued twice since early January.

Simants has been kept at the Lincoln Regional Center, a mental health facility, since being found not guilty by reason of insanity for murdering the Kellie family. That’s where he’ll stay, Rowlands decided Monday.

Rowlands has heard the annual review every year since taking the bench in 1986.

Rowlands did grant some expanded freedoms. Specifically, Simants can take additional supervised outings with facility staff and family members. Rowlands set the number of family outings at four per year, none lasting more than eight hours.

In addition, the judge ordered that Simants be allowed to work outside of the forensic units at Lincoln Regional. Simants has long worked at the canteen of the forensic unit, and with the ruling can now work on the grounds and in other buildings.

The hearing itself was devoid of much suspense. Simants waived his right to appear and was not present. Public Defender Bob Lindemeier said after the hearing both sides (he and County Attorney Rebecca Harling) reached an agreement prior to the hearing.

Lindemeier said he last visited Simants in Lincoln about a month ago. He talks with his client two or three times a year, either in person or over the phone.

Lindemeier has defended Simants since 1991, when he took over the PD position.

Lindemeier said Simants “wants to get out eventually.”

“He’s been there over 30 years, and he’s now a 64-year-old man,” Lindemeier told the Bulletin. “He’s got diabetes and other health concerns, and he’s been through every program they have. He doesn’t want to live out his days at Lincoln Regional.”

Simants has been a model prisoner the entire time he’s been at the facility, according to Dr. Klaus Hartmann, his psychiatrist. Hartmann said that his mental illness is in remission, has been for years, and is likely to stay in remission if Simants avoids alcohol and drugs.

Lindemeier said Simants “has some ideas” about where he’d like to go and what he’d like to do should he ever be released.

“He doesn’t want to say anything about because he doesn’t want to cause an uproar,” Lindemeier said. “He understands that whatever he does there’s probably going to be concern and media coverage.”

The public defender said that it would be best for everybody if Simants’ eventual release is gradual. He pointed to the May 2009 release of Ulysses Cribbs from Lincoln Regional.

Cribbs was found not guilty via insanity in a club shooting in 1977 in Omaha. Cribbs opened fire into a crowd with a 12 gauge shotgun, killing one and wounding 20.

He was released to a halfway home last year, where he still has supervision and structure.

The crime

On Oct. 18, 1975, Erwin Charles Simants, then 29, walked across the street from his house in Sutherland and killed six of his neighbors in cold blood.

Simants murdered Henry Kellie, 66, his wife Audrey, 57, their granddaughter, Florence, 10, and two other grandchildren, Deanna, 7, and, Daniel, 5. All were found dead in their home. The father of the two youngest grandchildren, 32-year-old David, who apparently managed to call for an ambulance, died shortly after being taken to the hospital in North Platte.

A statewide manhunt was ordered and people were told to stay in their homes.

The next morning, Simants surrendered to authorities.

Simants stood trial for six counts of first-degree murder in January 1976. Testimony from 24 prosecution witnesses and 11 defense witnesses lasted a week.

Simants admitted killing the Kellies.

Defense lawyers argued Simants was insane. A psychologist testified that Simants had an IQ of 75 and was schizoid and psychotic.

The jury returned a verdict after deliberating only one day -- guilty on all six counts.

On Jan. 29, 1976, Lincoln County District Judge Hugh Stuart sentenced Simants to death in the electric chair.

But in 1979, Simants won a new trial on grounds of jury tampering. A juror reported to Lincoln County District Judge Hugh Stuart that the Lincoln County Sheriff, Hop Gilster, had played cards with the jurors at the Howard Johnson motel while they were sequestered.

Stuart threw out the conviction and ordered a new trial. This time the trial was held in Lancaster County to protect jurors from exposure to a crush of pretrial publicity.

Simants pleaded innocent by reason of insanity. Defense lawyers stipulated that Simants had murdered the Kellies but argued he was insane at the time.

Prosecutors allowed a practicing psychologist to remain on the jury.

On Oct. 17, 1979, one day short of the fourth anniversary of the Kellie murders, the jury acquitted Simants by reason of insanity.

Simants was sent to the forensic unit of the Lincoln Regional Center, where he has been ever since.

Stuart retired from the bench in 1986 and was replaced by Judge Rowlands. Responsibility for the Simants hearing and custody since then has rested with Rowlands.

Simants appealed Rowlands’ 1994 ruling that he remained mentally ill and dangerous, saying the decision violated his constitutional rights.

Simants’ annual reviews were canceled in 1995 and 1996 due to that appeal.