OKLAHOMA CITY (KFOR) – Oklahoma County District Attorney Vicki Behenna released the news on Monday afternoon. She is requesting the dismissal of the case against Glynn Simmons, the man wrongfully convicted of an Edmond murder in 1975.
Simmons spoke with News 4 hours after he learned the news.
“It’s been a real joyous day and cried a bunch of tears, tears of joy, you know, waiting on this. I’m free to do what I want to do, said Glynn Simmons.
He said hearing the news was overwhelming. The District Attorney’s office is requesting the case be dropped for multiple reasons.
“There’s several witnesses that are deceased now. All of the physical evidence is missing based upon the passage of time. The Edmond Police Department just simply didn’t have the evidence from the crime scene,” said Brant Elmore, Assistant District Attorney, Oklahoma County.
It was New Year’s Eve in 1974 when two women were shot at an Edmond liquor store. Carolyn Sue Rogers, died.
Edmond police found no physical evidence from the crime scene that was ever used in court.
Investigators conducted several lineups, where they asked the surviving victim to identify the suspects.
She picked out Simmons in the courtroom, but during the line-ups, she pointed to several others.
“She testified in court that he was the he was one of the two men that robbed the liquor store and did the shooting. What the jury did not hear was that she misidentified or didn’t identify or identified someone else nine times prior to identifying Glynn in court. That’s very vital,” said Joe Norwood, Simmons’ Attorney.
That’s why judge Amy Palumbo tossed out Simmons’ murder conviction and sentence back in July and ordered a new trial.
Simmons was released on bond. His first taste of freedom in 48 years.
Monday, the news he’s been waiting for his entire life. That old murder charge, will be dismissed.
“Well, it means that I’m totally free, you know no obligations to the state and that it mean that they have a I finally admitted to the error you know the miscarriage of justice after all these years, you know. Wow. It means a whole lot,” said Simmons.
News 4’s Ali Meyer was the first to report on Simmons’ innocence 20 years ago in 2003.
Dozens of stories and two prison interviews. News 4 is the only station to continue to spotlight questions about this conviction.
“This is a lesson in resilience and it’s a lesson in, you know, tenacity and sticking with it. It’s a lesson in faith and belief, you know, and hope,” said Simmons.
Ali Meyer was the first to break the news Monday afternoon.
“You know, our faith was strong getting this dismissed for being so. But to actually, you know, go and get it. Ali was the first one that said it to us. And we’re just happy that it’s finally here,” Cecilia Hawthorne, Simmons’ Cousin.
Simmons told News 4 he’s celebrating and thinking about what’s next.
“I want to get involved with criminal justice reform. That’s not a guys left behind that went through that, going through the same stuff that I went through,” said Simmons.
The District Attorney’s office said that any compensation for Simmons’ time in prison will be addressed at a separate time.
A judge will make the final decision in the request to dismiss the case against Glynn Simmons.
You can contribute to Simmons’ GoFundMe site if you’d like to help him financially recover from the years he spent in prison.