Glynn Simmons Oklahoma black man formerly on death throw is ruled innocent for a 1974 liquor store robbery murder he did not commit as the case raises questions about the mishandling of evidence, role of prosecutors and how black men are ongoing exposed to a criminal system that overwhelmingly targets them.
Freedom at what cost? A 71-year-old Oklahoma ‘black’ man who spent nearly 50 years in prison for a 1974 murder he says 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 the case was not turned over to his defense lawyers.
Come Wednesday the man was officially deemed innocent the nytimes reported.
Free as long as you can afford it…
‘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 store clerk, 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.
Prosecutors withholding evidence
‘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, 22, at the time 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. Simmons had at long last been officially exonerated of having ever committed the murder of a liquor store clerk.
Disturbing questions
Defense attorney Joe Norwood said that Simmons, who was recently diagnosed with cancer, had largely been living off donations made through an online crowdfunding platform.
‘He was deprived of work experience and being able to have a career where you could financially secure yourself and your family,’ Norwood said during a press brief. ‘All of that was taken from him.’
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.
Glynn Simmons case raises questions about the mishandling of evidence, the role of pernicious prosecutors eager to score a conviction, and how black men are overwhelmingly targeted by the criminal system and the ongoing institutional discrimination of a subset of the population.
