'No Proof Beyond A Reasonable Doubt': Oklahoma DA Proposes To Drop 48-Year-Old Murder Case

The Oklahoma County district attorney is seeking to dismiss a nearly half-century old murder case.

“We just don’t have the belief we can prove beyond a reasonable doubt Mr. Simmons' guilt,” said Assistant District Attorney Brant Elmore.

The defendant's case and sentence were vacated in July.

Monday, the District Attorney's office filed a motion to dismiss the case, however said the ultimate decision will be up to a judge.

After spending the past 48 years behind bars, in July Glynn Simmons was released on bond, and changed out of his orange jumpsuit for the first time. 

The judge based her ruling at the time on a key piece of evidence that prosecutors left out of the 1975 murder trial.

“It was determined in 1975, the prosecutor involved had not turned over some police reports that perhaps he was not aware of,” said Elmore.

Simmons was expected to return to trial next month, but thanks to Monday's announcement will no longer have to fight for his freedom.

“Today we've filed a motion asking the court to dismiss the case,” Elmore. 

Elmore said prosecutors did not believe they could guarantee a conviction if they returned to trial.

“Internally Ms. Behenna has adopted a policy that we don’t want to be trying cases and prosecuting matters that we don’t believe we can prove beyond a reasonable doubt,” said Elmore.      

That belief, Emore said, was based on the degradation of evidence and witnesses.

“This case all of the physical evidence has been lost. One of the eye witnesses that testified at trial is now deceased,” said Elmore.

Those concerns were echoed by Simmons' family earlier this year.

“He didn't get a fair chance the first time,” said Simmons’ relative, Anthony Williams.

“I do believe our justice system works and I think this is evidence of how it works,” said Elmore.  

Simmons, 70, was 22-years-old when he was convicted.

In a statement Monday, Simmons’s attorney said they were pleased with the development and looked forward to the judge's decision.