Man With Vacated 1975 Murder Sentence May Not Be Retried, District Attorney Behenna Says

An Oklahoma County man whose 1975 murder conviction was thrown out, may not be retried in the case.

Related: Family, Friends Say Glynn Simmons Was In Louisiana At Time Of 1974 Murder

This summer, a judge vacated the sentence of Glynn Simmons over issues in his initial trial.

Simmons spent 48 years behind bars for the murder of Carolyn Sue Rodgers. 

That is until July when the sentence and judgment were vacated and set for a new trial. 

That trial likely won’t happen.

The office says it was due to a potential violation of the Brady Rule, where the prosecution has to turn over evidence to the defense. 

"There was a police report, a significant police report, that was not turned over. So we came to the conclusion because we believe in fair and just trials in Oklahoma that we should file an application requesting a new trial," said Oklahoma County DA Vicki Behenna.

Behenna says she will not retry Simmons because the office is not able to meet the burden of proof beyond a reasonable doubt. 

Among the reasons for the decision, the office says there is no longer physical evidence. 

Surviving victims are either not available or dead. 

The same for detectives that initially investigated the case. 

"We just don't have the evidence to move forward," Assistant District Attorney Brant Elmore said. "I don't know what's next for Mr. Simmons, but if the judge follows through and dismisses the case, he will not be subject to prosecution."

Finally, the defense alleges that an alternative suspect was picked out in one of the lineups. 

Simmons was 22 when he was convicted. 

When that conviction was vacated this summer, he was released on bond.