FOR IMMEDIATE RELEASE CONTACT: Brook Arbeitman July 19, 2023 brook.arbeitman@oklahomacounty.org

OKLAHOMA CITY - Oklahoma County District Court Judge Amy Palumbo held a status hearing today in the case of Glynn Simmons who was convicted in the December 30, 1974, murder of Carolyn Sue Rogers. During the hearing, the Judge ruled that the judgment and sentence from Simmons’ murder conviction would be vacated and the case set for a new trial.

District Attorney Vicki Zemp Behenna asked the court to vacate the judgment and sentence at a hearing in April 2023. After a thorough review of the case in preparation for an evidentiary hearing, it was discovered that a lineup and certain police reports available to the prosecutors at the time were not turned over to Simmons’ defense team. While the U.S. District Court for the Western District of Oklahoma found that this violation did not prejudice Simmons’ defense, DA Behenna believed it did inhibit his ability to receive a fair trial.

“The role of a prosecutor is to ensure the defendant’s right to a fair trial,” said Vicki Zemp Behenna, Oklahoma County District Attorney. “That includes providing all evidence the prosecution has to the defense before trial. Unfortunately, that did not happen in Mr. Simmons’ case, so the state confessed the Brady violation and the Judge vacated Mr. Simmons’ judgment and sentence. The next step is to evaluate the case for retrial.”

320 ROBERT S. KERR, SUITE 505 OKLAHOMA CITY, OK 73102 (405) 713-1600
FAX (405) 235-1567

Simmons was 22 years old when he was convicted of First Degree Murder. He has been in the Oklahoma Department of Corrections for 48 years. Don Roberts was also convicted of Rogers’ murder. At the time, both men received the death penalty, however their sentences were modified to life in prison after a 1977 U.S. Supreme Court Decision. Roberts was released on parole in 2008.

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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