Judge Will Decide On Retrial Of 1974 Murder Wednesday

Forty eight years after a man was convicted for murder, his future could take him beyond prison walls.

This after Oklahoma County District Attorney Vicki Behenna asked the judge to grant Glynn Simmons a new trial, or to dismiss the case altogether.

Oklahoma County prosecutors admitted last Friday the state made majors errors in Simmons' 1974 trial.

“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 Vicki Behenna, Oklahoma County District Attorney.

Glynn Simmons and a codefendant were sentenced to life in prison for the 1974 murder of Edmond liquor store employee Carolyn Rogers.

Tuesday, eleven witnesses to include Simmons testified over the course of five hours.

Simmons family and friends testified he was in Louisiana visiting family for the holidays when the shooting happened.

However, the state argued the same witnesses testified in Simmons' trial. And while they admit errors were made, they argued the evidence had not changed. They’ve asked that a new trial be granted, but that the case not be dismissed.

Simmons’ attorneys said they refuse to give up.

“We're his council until he's dead or free,” said defense attorney Joe Norwood. 

Simmons maintained he’d never been to Edmond, Oklahoma in his life.

Simmons' family is asking for him to walk free.

“He didn't get a fair chance the first time, and you don’t have the people that when it first happened, some are dead, or went to another state,” said family member Anthony Williams.

Following closing arguments, Oklahoma County District Judge Amy Palumbo announced she'd reach her decision Wednesday, and cited “an extraordinary amount of evidence to review."

The victim's family did not speak Tuesday.