OKLAHOMA CITY (KFOR) – Oklahoma County District Attorney Vicki Behenna filed for a motion requesting a new trial for Glynn Simmons who was sentenced in 1975 for murdering one woman and shooting another at an Edmond liquor store. 

Behenna has had time to review the case and said there is no new evidence, but not all the evidence during his trial was handed over.

“If we had new evidence that showed Mr. Simmons was factually innocent of the crime of murder, we absolutely would have acted on that,” said Vicki Behenna, Oklahoma County District Attorney 

The trial in 1975 lasted less than three days.  

“One of the things that I stand by very strongly is a defendant’s right to a fair trial where he has all the evidence to defend himself. That didn’t happen here,” said Behenna.  

Assistant District Attorney, Brant Elmore said two police reports weren’t turned over during the original trial. 

The woman injured in the shooting was the only witness in the case and identified Simmons as the suspect through a police line-up.  

“There’s some questions about what happened during the course of that lineup and the way that the police report is written. It could be questioned whether the witness identified certain subject or subjects,” said Brant Elmore, Assistant District Attorney. 

“A significant police report that was not turned over. And so, we came to the conclusion because we believe in fair and just trials in Oklahoma, that we should file an application for requesting a new trial with the judge,” said Behenna.  

Mr. Simmons’ attorney, Joe Norwood said there is factual evidence proving the 69-year-old is innocent. 

“I went and read the transcripts and it was clear to me that this is a case that had a lot of problems and that Mr. Simmons, in my opinion, is factually innocent,” said Norwood.  

He points out some witnesses didn’t get the opportunity to testify.  

“There’s no doubt in my mind. We have many, many alibi witnesses… He was in his hometown of Harvey on December 30th, 1974, when this robbery murder took place,” said Norwood. 

As for why it took the DA’s Office nearly 50 years to take a second look at the case, Behenna said, “I’m here. I’m here. I’m deciding.” 

On Tuesday, a judge is expected to decide on whether the conviction should be vacated and if Glynn Simmons should get a new trial.