OKLAHOMA COUNTY, Okla. (KFOR) – Oklahoma County District Attorney Vicki Behenna is requesting the dismissal of the case against Glynn Simmons, the man wrongfully convicted of an Edmond murder in 1975.

News 4 has been covering Simmons’ case for 20 years; a wrongful conviction case from 1975.

Glynn Simmons was sentenced to death in 1975 for the Edmond Liquor Store murder of Carolyn Sue Rogers in a jury trial a judge later found to be unfair. He was 22.

Simmons’ electrocution death sentence was overturned by the U.S. Supreme Court in the 1970s.

His life was spared, but Simmons spent 48 years behind bars in prison serving a life sentence.

Earlier this year, Oklahoma County District Attorney, Vicki Behenna asked a judge to throw out Simmons’ guilty verdict.

In July, Judge Amy Palumbo found Simmons’ 1975 conviction was improper. She tossed out the conviction and life sentence and set Simmons free on bond.

Now, the District Attorney’s office says they won’t pursue another trial.

“When considering whether to pursue the case against Simmons again, the District Attorney determined the state will not be able to meet its burden at trial and prove beyond a reasonable doubt that Simmons was responsible for Ms. Rogers’ murder,” said Behenna.

Behenna said there are numerous reasons for this conclusion, including:

  • There is no longer any physical evidence.
  • The detectives who originally investigated the case are not available or deceased.
  • One of the surviving victims is now deceased.
  • Although certain of her identification, the other surviving victim is not available.
  • The defense alleges that their alternate suspect was identified in one of the lineups.

Currently, Oklahoma County has the fourth highest number of death penalty exonerations in the country.

A GoFundMe has been set up to assist Simmons in restarting his life.