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Oklahoma judge rules a man who wrongfully spent 50 years in prison for murder is innocent

An Oklahoma judge has exonerated a man who spent nearly 50 years in prison for murder, the longest serving inmate to be declared innocent of a crime. Glynn Simmons, 71, who was released in July after prosecutors agreed that key evidence in his case was not turned over to his defense lawyers, was ruled innocent Tuesday.

Quick Read

  • Exoneration After Decades: Glynn Simmons, now 71, was declared innocent by an Oklahoma judge, marking the end of nearly 50 years in prison. This makes him the longest-serving U.S. inmate to be exonerated.
  • Background of the Case: Simmons was convicted in 1975 for the murder of Carolyn Sue Rogers in an Edmond liquor store in 1974. He always maintained his innocence, claiming he was in Louisiana at the time of the murder. His initial death sentence was later commuted to life imprisonment.
  • Key Evidence Overlooked: The exoneration came after the District Attorney Vicki Behenna acknowledged that crucial evidence, including a police report indicating other potential suspects, was not shared with Simmons’ defense during his trial.
  • Judicial Ruling: Oklahoma County District Judge Amy Palumbo ruled in favor of Simmons’ innocence, stating that clear and convincing evidence showed Simmons did not commit the murder he was convicted for.
  • Compensation and Future Steps: Simmons is eligible for state compensation, potentially up to $175,000, for wrongful conviction. He may also pursue a federal lawsuit against Oklahoma City and the law enforcement officers involved in his arrest and conviction. Currently, he is reliant on donations for sustenance and is undergoing cancer treatment.
  • Reaction and Resilience: Post-ruling, Simmons expressed feelings of vindication and resilience, emphasizing the reality of exoneration even in seemingly hopeless situations. His attorney, Joe Norwood, highlighted the immediate financial challenges Simmons faces, as compensation from the state could take years to materialize.

The Associated Press has the story:

Oklahoma judge rules a man who wrongfully spent 50 years in prison for murder is innocent

Newslooks- OKLAHOMA CITY (AP)

An Oklahoma judge has exonerated a man who spent nearly 50 years in prison for murder, the longest serving inmate to be declared innocent of a crime.

Glynn Simmons, 71, who was released in July after prosecutors agreed that key evidence in his case was not turned over to his defense lawyers, was ruled innocent Tuesday.

Glynn Simmons reads the court order as his attorneys Joe Norwood and John Coyle, left, and his niece Cecilia Hawthorne and Madeline Jones, right, look on after after Judge Amy Palumbo ruled to approve Simmons’ “actual innocence” claim during a hearing at the Oklahoma County Courthouse Tuesday, Dec. 19, 2023, in Oklahoma City, Okla. (Doug Hoke/The Oklahoman via AP)

“This court finds by clear and convincing evidence that the offense for which Mr. Simmons was convicted, sentenced and imprisoned… was not committed by Mr. Simmons,” according to the ruling by Oklahoma County District Judge Amy Palumbo.

Simmons served 48 years, one month and 18 days since his conviction, making him the longest imprisoned U.S. inmate to be exonerated, according to data kept by The National Registry of Exonerations.

Simmons said afterward that he feels vindicated after his time in prison that included initially being sentenced to death row.

“It’s a lesson in resilience and tenacity,” Simmons said during a brief news conference following the ruling. “Don’t let nobody tell you that it (exoneration) can’t happen, because it really can.”

Glynn Simmons reacts after stepping out of the courthouse after Judge Amy Palumbo ruled to approve his “actual innocence” claim during a hearing at the Oklahoma County Courthouse Tuesday, Dec. 19, 2023, in Oklahoma City, Okla. (Doug Hoke/The Oklahoman via AP)

Simmons has maintained his innocence, saying he was in Louisiana at the time of the 1974 slaying of Carolyn Sue Rogers inside an Edmond liquor store.

He and co-defendant Don Roberts were both convicted in 1975 of the murder and initially sentenced to death. Their sentences were reduced to life in prison in 1977 after U.S. Supreme Court rulings related to capital punishment. Roberts was released on parole in 2008.

Palumbo in July ordered a new trial for Simmons after District Attorney Vicki Behenna said prosecutors had failed to turn over evidence in the case, including a police report that showed an eyewitness might have identified other suspects in the case.

Behenna in September said there is no longer physical evidence in the case against Simmons and announced she would not retry him, though she opposed declaring him actually innocent.

A spokesperson for Behenna declined immediate comment on Wednesday.

Glynn Simmons reacts after stepping out of the courthouse after Judge Amy Palumbo ruled to approve his “actual innocence” claim during a hearing at the Oklahoma County Courthouse Tuesday, Dec. 19, 2023, in Oklahoma City, Okla. (Doug Hoke/The Oklahoman via AP)

The ruling makes Simmons eligible for up to $175,000 in compensation from the state for wrongful conviction and opens the door for a federal lawsuit against Oklahoma City and law enforcement involved in Simmons’ arrest and conviction, defense attorney Joe Norwood said Wednesday.

Compensation, though, is likely years away, Norwood said and Simmons is currently living on donations while undergoing treatment for cancer that was detected after his release from prison.

“Glynn is having to live off of GoFundMe, that’s literally how the man is surviving right now, paying rent, buying food,” Norwood said. “Getting him compensation, and getting compensation is not for sure, is in the future and he has to sustain himself now.”

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