Former death row inmate fully exonerated after serving nearly 50 years for murder he didn't commit: 'Resilience and tenacity'

An Oklahoma man who served nearly half a century for a murder he didn't commit has finally had his name cleared.

Glynn Simmons was just 22 years old on December 30, 1974, the night two robbers entered a liquor store in Edmond, Oklahoma, located just outside Oklahoma City, and shot and killed the clerk on duty, Carolyn Sue Rogers. An eyewitness — described by KFOR as "a traumatized teenager who had been shot in the back of the head" — picked out two suspects from police lineups: Simmons and Don Roberts.

Simmons pled not guilty, insisting that he was in Louisiana on the day of the murder. But the eyewitness' testimony carried the day, and the jury voted to convict both defendants.

Roberts and Simmons were then sentenced to death row. However, a SCOTUS ruling in 1977 changed their sentences to life in prison. They both spent decades behind bars. Roberts was released in 2008 after receiving parole, but Simmons continued to languish in prison for another 15 years, all the while maintaining his innocence.

Simmons caught a break last year when his attorney, Joe Norwood, convinced a court to take another look at his client's case. In July, Oklahoma County District Judge Amy Palumbo ordered a new trial, and as a result, District Attorney Vicki Behenna had to admit that prosecutors in the original trial may have withheld evidence from the defense. Part of that evidence included police reports indicating that the eyewitness identified several other black men from the police lineups in addition to Roberts and Simmons.

Simmons was then released, having served 48 years, one month, and 18 days in prison. Of all former inmates who were eventually exonerated of the crimes for which they were convicted, Simmons served the longest sentence in U.S. history by nearly a full year.

Not content with just his freedom, Simmons then pressed for a declaration of innocence from the court. In September, DA Behenna announced that her office would not retry the case but stopped short of calling for a full exoneration.

Simmons and his attorney persevered, however, and on Tuesday, Judge Palumbo made it official. "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," she said. In the eyes of the law, Simmons is an innocent man.

Simmons walked outside the court with a smile on his face and his hands raised in victory. "It’s a lesson in resilience and tenacity," he said in a brief statement. "Don’t let nobody tell you that [exoneration] can’t happen because it really can."

"He had 50 years stolen from him," Norwood, Simmons' attorney, added. "The prime earning years of his life, when he could have been getting experiences and developing skills. That was taken from him by no fault of his own."

Norwood added that his team would now look to secure some compensation for Simmons at the state and federal levels, but such processes can take years and likely won't yield much money. Norwood estimated that the state will, at most, pay $175,000.

"Getting him compensation, and getting compensation is not for sure, is in the future, and he has to sustain himself now," Norwood said.

Simmons, now 71 and recently diagnosed with cancer, is living on a GoFundMe account established by friends.

A spokesperson for DA Behenna declined NPR's request for comment.

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