A 71-year-old Oklahoma man who spent nearly 50 years in prison for a murder he did not commit was exonerated by a judge on Wednesday.
Former death row inmate Glynn Simmons was originally released in July after prosecutors agreed that key evidence in his case was not turned over to his defense lawyers. At long last, he’s officially been deemed innocent.
“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,” Oklahoma County District Judge Amy Palumbo wrote in his ruling.
Simmons was in prison for 48 years, one month and 18 days following his murder conviction in the 1974 murder of Carolyn Sue Rogers.
He is the longest imprisoned inmate to be exonerated in US history, according to data compiled by the National Registry of Exonerations.
After the judge’s ruling, Simmons raised his arms in victory outside of the courthouse. He told reporters that he felt vindicated after persevering through decades behind bars to prove his innocence.
“It’s a lesson in resilience and tenacity,” Simmons said. “Don’t let nobody tell you that it (exoneration) can’t happen, because it really can.”
Throughout his trial and imprisonment, Simmons maintained that he was in Louisiana when Rogers was shot dead at a liquor store in Edmond
Simmons and co-defendant Don Roberts were both convicted of the murder in 1975 and sentenced to death. The death sentences were later reduced to life in prison in 1977 following the Supreme Court rulings on capital punishment.
Roberts was released on parole in 2008 but Simmons remained locked up.
In July, Palumbo ordered a new trial for Simmons after District Attorney Vicki Behenna revealed that prosecutors withheld evidence from the defense in the case — including a police report in which eyewitnesses may have identified other suspects.
Behenna said in September there was no physical evidence connecting Simmons to the scene and that he would not be retried.
While he’s finally free, Simmons is living off of donations from a GoFundMe campaign, defense attorney Joe Norwood said Wednesday.
Norwood said his client is eligible for up to $175,000 in compensation from the state for wrongful conviction and may file a federal lawsuit against Oklahoma City and authorities involved in his arrest and conviction.
That money, though, is likely years away, according to the lawyer.
“Getting him compensation, and getting compensation is not for sure, is in the future and he has to sustain himself now,” Norwood said.
With Post Wires