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A man who's been in prison for nearly 50 years is free after an Oklahoma judge vacated his conviction.
Glynn Simmons was convicted in 1975 for killing Carolyn Rogers during a liquor store robbery the year before in Edmond. The surviving victim picked Simmons out of a lineup, but he said he wasn't even in the state at the time.
Simmons' attorney said it was later discovered that the victim had identified other people in lineups, not Simmons. He also said prosecutors never made that known to the jury or the defense for years, and his appeals were denied.
The Oklahoma County District Attorney's Office said Thursday that Simmons will have a retrial and a date for one has been set for this fall. They'll now review the case to see what the next steps are.
"We believe all the evidence that the defense counsel should have had access to at the trial did not have access to that evidence. Our system of justice requires that," Behenna said.
Simmons was released from prison earlier this week after spending 48 years in jail for Rogers' murder.
In a statement from Simmons' defense team, Tulsa attorney Joseph Norway said, "the decision was an acknowledgment this year by prosecutors at the Oklahoma County District Attorney's Office that Simmons' 1975 trial was conducted unfairly. They now admit that critical police records in the case were wrongfully withheld from Simmons for 20 years."
Simmons was 22 years old when he was convicted. He's now 70.
www.koco.com
Glynn Simmons was convicted in 1975 for killing Carolyn Rogers during a liquor store robbery the year before in Edmond. The surviving victim picked Simmons out of a lineup, but he said he wasn't even in the state at the time.
Simmons' attorney said it was later discovered that the victim had identified other people in lineups, not Simmons. He also said prosecutors never made that known to the jury or the defense for years, and his appeals were denied.
The Oklahoma County District Attorney's Office said Thursday that Simmons will have a retrial and a date for one has been set for this fall. They'll now review the case to see what the next steps are.
"We believe all the evidence that the defense counsel should have had access to at the trial did not have access to that evidence. Our system of justice requires that," Behenna said.
Simmons was released from prison earlier this week after spending 48 years in jail for Rogers' murder.
In a statement from Simmons' defense team, Tulsa attorney Joseph Norway said, "the decision was an acknowledgment this year by prosecutors at the Oklahoma County District Attorney's Office that Simmons' 1975 trial was conducted unfairly. They now admit that critical police records in the case were wrongfully withheld from Simmons for 20 years."
Simmons was 22 years old when he was convicted. He's now 70.
Oklahoma man convicted 1975 for liquor store murder granted new trial
A man who's been in prison for nearly 50 years is free after an Oklahoma judge vacated his conviction.
www.koco.com
