Oklahoma County DA Requests New Trial In 1974 Murder Case

A man convicted of murder 46 years ago may be getting a second chance, thanks to Oklahoma County District Attorney Vicki Behenna.

The Oklahoma County prosecutor has filed an application requesting a new trial for convicted murderer Glynn Ray Simmons. Simmons and Don Roberts were convicted in 1975 of first-degree murder in the 1974 death of Edmond Liquor Store clerk Carolyn Sue Rogers. They were sentenced to death, a sentence that was changed to life-in-prison in 1977. Roberts was paroled from prison in 2008.

The facts of the case: (from Justia)

Two men robbed a store, located at 729 S. Broadway in Edmond, on the night of Dec. 30, 1974. Rogers was making a telephone call when she was shot and killed. However, Simmons and Roberts weren't tied to the crime until a witness identified them later. Simmons had told authorities he was in Harvey, Louisiana, at the time of the robbery, and Roberts had said he was in Dallas.

Roberts and Simmons told authorities at the time that they had never met each other until Jan. 19, 1975, when they met at the home of Roberts' brother-in-law.

Behenna pointed out Friday that there are no new facts suggesting Simmons is innocent. However, their investigation into the case showed that some information was left out during the original trial that should have been included, specifically a police report. The county's top prosecutor also said that the witness who identified Simmons in a line-up nearly 50 years ago maintains without hesitation that Simmons was the man she saw in that Edmond liquor store on Dec. 30, 1974.

The request for a new trial will be considered April 18.