FOR IMMEDIATE RELEASE

September 11, 2023

OKLAHOMA CITY - Oklahoma County District Court Attorney Vicki Zemp Behenna requests dismissal of the case against Glynn Simmons. Simmons was convicted of murdering Carolyn Sue Rogers in 1975. In April of this year, the DA requested the court vacate Simmons’ judgment and sentence due to a potential Brady violation uncovered during a thorough review of the case in preparation for an evidentiary hearing.

In July, Judge Amy Palumbo held a status hearing where she ruled that the judgment and sentence from Simmons’ murder conviction would be vacated, and the case set for a new trial. At that time, Simmons was released on bond.

When considering whether to pursue the case against Simmons again, the District Attorney determined the state will not be able to meet its burden at trial and prove beyond a reasonable doubt that Simmons was responsible for Ms. Rogers’ murder. There are numerous reasons for this conclusion including:

• There is no longer any physical evidence.
• The detectives who originally investigated the case are not available or deceased.
• One of the surviving victims is now deceased.
• Although certain of her identification, the other surviving victim is not available.
• The defense alleges that their alternate suspect was identified in one of the lineups.

Simmons was 22 years old when he was convicted of First Degree Murder. He spent 48 years in the Oklahoma Department of Corrections before being released on bond in July. 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.

320 ROBERT S. KERR, SUITE 505 OKLAHOMA CITY, OK 73102

(405) 713-1600
FAX (405) 235-1567

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