A 71-year-old Oklahoma man who spent nearly 50 years in prison for a murder he didn’t commit was acquitted by a judge on Wednesday.
Former death row inmate Glynn Simmons was originally freed in July after prosecutors agreed that key evidence in his case was not turned over to his defense attorney.
In the end, he was officially 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 District Judge Amy Palumbo wrote in her decision.
Simmons served 48 years, one month and 18 days in prison following his manslaughter conviction in the 1974 murder of Carolyn Sue Rogers.
He is the longest serving inmate to be exonerated in US history, according to data compiled by the National Registry of Exonerations.
Glynn Simmons raises his hands outside an Oklahoma County courthouse after being wrongfully imprisoned for more than 48 years. AP
After the judge’s decision, Simmons raised his hands in victory outside the court.
He told reporters that he felt justified after spending decades behind bars to prove his innocence.
“It’s a lesson in resilience and perseverance,” Simmons said. “Don’t let anyone tell you that it (liberation) can’t happen, because it really can.”
It has been discovered that prosecutors in the Simmons murder trial withheld evidence from the defense. AP
Throughout his trial and incarceration, Simmons maintained that he was in Louisiana when Rogers was gunned down in 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 penalty was later reduced to life imprisonment in 1977 following a Supreme Court ruling on capital punishment.
Glynn Simmons was released in July. AP
Roberts was released on parole in 2008 but Simmons remains 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 witnesses may have identified other suspects.
Behenna said in September there was no physical evidence linking Simmons to the scene and he would not be retried.
Although he’s finally free, Simmons is living off donations from a GoFundMe campaign, defense attorney Joe Norwood said Wednesday.
Simmons was convicted of murdering a woman in a liquor store in 1974. AP
Norwood said his client is eligible for up to $175,000 in compensation from the state for the wrongful conviction and can file a federal lawsuit against Oklahoma City and the authorities involved in the arrest and conviction.
The money, however, may be several years away, according to lawyers.
“Getting him compensated, and getting compensated is uncertain, is in the future and he has to sustain himself now,” Norwood said.
By Postal Wire
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