CONTACT: Brook Arbeitman - brook.arbeitman@oklahomacounty.org

DA Requests Court to Vacate Judgement and Sentence in 1975 Murder Case; REQUESTS NEW TRIAL

FOR IMMEDIATE RELEASE --- April 14, 2023

OKLAHOMA CITY –Oklahoma County District Attorney Vicki Zemp Behenna filed a motion today requesting the Oklahoma County District Court vacate the judgment and sentence in the 1975 murder conviction of Glynn Simmons. Simmons was convicted of the December 30, 1974 murder of Carolyn Sue Rogers at an Edmond liquor store. A customer was also wounded in the shooting.

DA Behenna made the request of the court after a thorough review of the case in preparation for an evidentiary hearing. It was discovered that a lineup and certain police reports that were available at the time were not turned over to the defense as required under Brady v. Maryland. The U.S. District Court for the Western District of Oklahoma found that this violation did not prejudice Mr. Simmons, however the circumstances cast a shadow over his right to a fair trial.

“The District Attorney’s Office must adhere to the Rules of Professional Conduct, which require prosecutors to turn over to the defense all evidence or information known to the prosecutor that could negate the guilt of the accused,” said Vicki Behenna, Oklahoma County District Attorney. “In the case of Mr. Simmons, it appears this did not occur.”

“In the interest of justice for both Ms. Rogers and Mr. Simmons, we seek a new trial in this case.”

Mr. Simmons has been incarcerated with the Oklahoma Department of Corrections since his conviction for First-Degree Murder in 1975.

An Evidentiary Hearing for this case is scheduled for 9 a.m. on Tuesday, April 18, 2023. At that time, the Judge can make a ruling on the District Attorney’s motion.

Assistant District Attorney Brant Elmore has been working on this case since March 2022.

Criminal charges are based on probable cause to believe a person has committed a crime. All defendants are presumed innocent unless proven guilty in a court of law.

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