Oklahoma County DA Requests New Trial For Man Convicted In 1975 For Edmond Murder

The Oklahoma County District Attorney is fighting for a man convicted in 1975 of murder to get a new trial. Glynn Simmons, 69, is serving a life sentence for the shooting death of an Edmond liquor store employee.

Related: Oklahoma County DA Requests New Trial In 1974 Murder Case

District Attorney Vicki Behenna and her office filed a motion on Friday, requesting the court to vacate judgment and sentencing and set a new trial. 

Behenna said there were key pieces of evidence left out from the 1975 murder trial.

One brown folder is all the evidence prosecutors now have from the murder case. Behenna said a lineup and certain police reports were not handed over to Simmons’ attorney at the time of his trial.

“It’s one of the things I stand by very strongly is a defendant’s right to a fair trial where he has all the evidence to defend himself,” said Vicki Behenna, Oklahoma County District Attorney. “That didn’t happen here. That’s why we made a decision that we would move for motion for a new trial.”

Simmons was convicted for the shooting death of Carolyn Sue Rogers. 

The one eyewitness was a customer inside the liquor store where the shooting happened. Simmons' attorney believes the jury sent the wrong man to prison.

“There’s no doubt in my mind. We have many, many alibi witnesses,” said Joe Norwood, attorney. “There are around 10 witnesses that will say definitively Glynn Simmons was in Harvey, Louisiana on December 30, 1974.”

Simmons and co-defendant Don Roberts were originally sentenced to death. That was amended in 1977 to life in prison. Roberts has since been paroled from prison. 

An evidentiary hearing has been set for next Tuesday. Behenna said the judge could order a new trial at that time.