Man freed after 48 years in Oklahoma prison seeks reform, compensation

After spending nearly five decades in an Oklahoma prison for a murder he maintains he did not commit, Glynn Simmons is now physically free, but now that he's facing reintegration and health care issues, he hopes to be compensated for that time behind bars.

On Tuesday, Oklahoma County District Judge Amy Palumbo granted District Attorney Vicki Behenna's request to dismiss the case against Glynn Ray Simmons, who had been convicted of first-degree murder in the 1974 death of Carolyn Sue Rogers after an Edmond liquor store robbery. The case was dismissed "with prejudice," meaning it can't be refiled.

“Validation and vindication has finally happened,” Simmons said Wednesday. “It's a lesson in resilience and tenacity. When you know you're innocent, stick with it and don't ever stop. Don't let nobody tell you it can't happen, because it really can.”

What happened in the Glynn Simmons case?

Simmons, now 70, was 22 years old when he was convicted of Rogers' murder, but has always said he was in Louisiana at the time of the crime and did not move to Oklahoma in hopes of finding work until January 1975. A jury convicted him anyway, even after alibi witnesses testified that he was playing pool in the small Louisiana town of Harvey the day Rogers was killed.

More: Judge formally dismisses murder case after man spent 48 years in Oklahoma prison

The jury also convicted another man, Don Roberts. Both men initially received the death penalty, but their sentences were modified to life in prison after a 1977 U.S. Supreme Court ruling. Roberts was released on parole in 2008.

“There never really was any real evidence,” John Coyle, one of Simmons' attorneys, told The Oklahoman. “Just being a Black kid in the wrong place at the wrong time. Oklahoma’s changed a lot since (the 1970s), but in many ways it’s the same.”

Simmons spent a total of 48 years, 5 months and 13 days in prison before being freed on a medical own recognizance bond in July. That month, Palumbo vacated Simmons' sentence "in the interest of justice," with a possible retrial set for Oct. 23.

A status hearing originally scheduled for Wednesday, along with the possible retrial, was canceled in the wake of Palumbo's ruling Tuesday. Instead, Simmons and his lawyers held a news conference outside the Oklahoma County Courthouse.

What's next for Glynn Simmons?

At the news conference Wednesday afternoon, Simmons said he intended to pursue advocacy in criminal justice reform, noting that many people currently incarcerated have stories similar to his but "have been left behind."

"Race does play a big part in the criminal justice system," Simmons said. "If you read the statistics, you'll see Black folks in Oklahoma is like 8% of the state population but we're like 44% of the prison population, so the numbers don't add up."

Simmons also started a GoFundMe campaign, citing needs of food, clothing, shelter, transportation and medical assistance, as he now has cancer. Since the fundraiser was started in early August, it has raised more than $15,000.

"Glynn has had the prime of his earning life taken due to this wrongful conviction and needs some grace," said Joe Norwood, another attorney for Simmons.

Has Glynn Simmons been exonerated?

The DA's spokespeople had previously been careful to not describe the dismissal of Simmons' case as an "exoneration," but, as far as his lawyers are concerned, Tuesday's ruling amounted to one.

“So, there is no universal definition for 'exoneration,' and it varies from state to state, state law to federal law,” Norwood said. “But, per the University of Michigan exoneree registry, if a conviction’s been vacated and then dismissed, it’s considered an exoneration. Prosecutors may never come around and say it, but at the end of the day (...) I’m going with that.”

Coyle and Norwood said their next goal is to ask a court to find Simmons "actually innocent," believing this would increase his chances of receiving more compensation and further help him reintegrate into society.

“We consider this an exoneration,” Coyle said. “They know he should have never been convicted in the first place. He was always innocent. He shouldn’t have spent his life in prison. As far as I’m concerned, his name is cleared.”

Will Glynn Simmons get compensation for time served?

Coyle and Norwood would not say exactly how much they intended to pursue in compensation for Simmons, but said he could be entitled to at least $175,000 under state tort claim law. It is unclear how much he will ultimately receive.

“Any compensation he does have coming his way is uncertain,” Norwood said. “It’s not happening soon. It’s not happening six months from now. But in the meantime, he has to live, so I would just encourage people to reach down into their hearts and give to help him do that.”

Simmons’ lawyers believe he is the longest-served wrongful conviction in U.S. history.

Previously, the National Registry of Exonerations listed Richard Phillips, who was imprisoned for nearly 46 years in Michigan, as serving more time than anyone else on the list. Simmons’ time in prison surpassed Phillips’ by more than two years.

Phillips pursued compensation from the state of Michigan, which ultimately awarded him $1.5 million in May 2019. He's currently suing for more.

Earlier this summer, the mother of Joshua England received $1 million after her 21-year-old son died of a ruptured appendix at the state-run Joseph Harp Correctional Center in Lexington, just three months before his 343-day sentence was going to end.

And most recently in Kansas, the neighboring state immediately north of Oklahoma, the state agreed to pay Floyd Bledsoe $11.25 million after he wrongfully spent 16 years in prison for a murder conviction.

Norwood said there were potential constitutional violations they could also pursue regarding Simmons' case, but said any claims right now would be “highly speculative.”

“It’s thousands of hours of work, years down the road, and not at all guaranteed,” Norwood told The Oklahoman. “But this was the big day on it. We can move on from not having to worry about fighting a murder charge.”

This article originally appeared on Oklahoman: After 48 years in prison, now-free Glynn Simmons pursuing compensation