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An Oklahoma man who served more than 48 years behind bars has finally been cleared of a 1975 murder and walked out of prison a free man.
Glynn Simmons, 71, is now eligible for $175,000 in compensation from the state after serving the longest wrongful sentence in the country's history.
'This is the day we've been waiting on for a long, long time. It finally came,' Simmons said. 'We can say justice was done today, finally, and I'm happy.'
Simmons has maintained his innocence, claiming he was in Louisiana at the time of the 1974 slaying of Carolyn Sue Rogers, a clerk who was shot in the head inside a liquor store in Edmond, Oklahoma.
He was convicted in 1975 of the murder and initially sentenced to the death penalty after a key witness, who had been shot in the head during the robbery, identified him in a lineup.
The witness later contradicted some of her testimony, and a dozen others testified Simmons was in Louisiana at the time of the murder.
Glynn Simmons, 71, who served more than 48 years behind bars has finally been cleared of a 1975 murder in a liquor store robbery on Tuesday
Simmons has maintained his innocence, claiming he was in Louisiana at the time of the 1974 slaying of Carolyn Sue Rogers, a clerk who was shot in the head inside a liquor store in Edmond, Oklahoma
Simmons is now eligible for $175,000 in compensation from the state after serving the longest wrongful sentence in the country's history.
'This court finds by clear and convincing evidence that the offense for which Mr. Simmons was convicted, sentenced and imprisoned... was not committed by Mr. Simmons,' Oklahoma County District Judge Amy Palumbo ruled Tuesday.
Simmons, who served 48 years, one month and 18 days since his conviction, is the longest-imprisoned U.S. inmate to be exonerated, according to data kept by the National Registry of Exonerations.
'It's a lesson in resilience and tenacity,' Simmons said of his case. 'Don't let nobody tell you that it can't happen, because it really can.'
Simmons and co-defendant Don Roberts were both convicted in 1975 of the murder and initially sentenced to death after a witness identified them in a police lineup.
Their sentences were reduced to life in prison in 1977 after U.S. Supreme Court rulings related to capital punishment.
Roberts was released on parole in 2008, according to the district attorney's office, but Simmons remained locked up.
Simmons, who served 48 years, one month, and 18 days since his conviction, is the longest-imprisoned U.S. inmate to be exonerated
Simmons and co-defendant Don Roberts were both convicted in 1975 of the murder and initially sentenced to death after a witness identified them in a police lineup
Simmons had long maintained his innocence behind bars but was denied parole
In July, Palumbo ordered a new trial for Simmons after District Attorney Vicki Behenna said prosecutors had failed to turn over evidence to the defendant's lawyers.
'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 to request a new trial,' Behenna said.
'We believe all the evidence that the defense counsel should have had access to at the trial did not have access to that evidence. Our system of justice requires that,' the district attorney said.
The police lineup report indicated that the eyewitness, 18-year-old Belinda Brown who was shot in the head during the robbery, might have identified other suspects in the case.
Belinda, who was interviewed three days after the murder, told the police that she couldn't remember more about the incident if given more time.
'No, I think if I waited much longer it would get all jumbled up in my mind…' she said at the time, as reported by KFOR in 2014.
Composite sketch artist Jim Garr, who worked with Belinda in 1975, said: 'It was difficult to get details from her, but I think we got enough that we were finally able to get enough to come up with a composite sketch.'
Brown reportedly picked a handful of different suspects in as many as nine police line-ups at the time, but ultimately settled on Simmons and Roberts.
Police spokesperson Jennifer Monroe said in statement: 'The 18-year-old victim never positively identified anyone until Don Roberts and Glynn Simmons were in a physical line up at OCPD.'
Prosecutors relied primarily on Belinda's testimony in 1975 because police said in court that there were no fingerprints collected from the scene of the murder
In July, Palumbo ordered a new trial for Simmons after District Attorney Vicki Behenna said prosecutors had failed to turn over evidence to the defendant's lawyers
After the two were charged, the case quickly moved to trial in 1975 that lasted less than three days.
Prosecutors relied primarily on Belinda's testimony because police said in court that there were no fingerprints collected from the scene of the murder.
Police reports later reveal detectives recovered at least one usable fingerprint and a .22-caliber bullet. The jury was never informed that Belinda initially identified other suspects in a lineup.
Simmons testified he was in Harvey, Louisiana, during the time of the murder with a few friends and only went to Oklahoma on January 5, 1975, six days after the murder.
Simmons had long maintained his innocence behind bars but was denied parole.
'I'm not too interested in justice right now. Justice is something that God dispenses. I'm looking for mercy. I'll make my appeal for mercy. I appeal to the higher conscience of man to show mercy,' he said in 2014.
Simmons' attorneys, Joe Norwood and John Coyle, said last month the lineup report was 'powerful innocence evidence' because it showed the eyewitness did not actually identify Simmons.
'Not only would the withheld lineup report have changed the outcome of Simmons trial, but it would also have prevented the State from being able to try Simmons at all,' the lawyers wrote.
In September, the DA said there is no longer physical evidence in the case against Simmons and announced she would not retry him, though she opposed declaring him actually innocent
But the compensation is likely years away, defense attorney Joe Norwood said Wednesday
Behenna in September said there is no longer physical evidence in the case against Simmons and announced she would not retry him, though she opposed declaring him actually innocent.
The ruling makes Simmons eligible for up to $175,000 in compensation from the state for wrongful conviction.
But the compensation is likely years away, defense attorney Joe Norwood said Wednesday.
'Getting him compensation, and getting compensation is not for sure, is in the future and he has to sustain himself now,' he said.
'Glynn is having to live off of GoFundMe, that´s literally how the man is surviving right now, paying rent, buying food,' Norwood said.
Simmons is undergoing treatment for liver cancer that was detected after his release from prison in July.
'I'm going to use these funds to live! I want to get my own place to live, clothes, furniture, transportation, food, plus medical needs,' Glynn wrote on the GoFundMe page.
'I'm 70 years old. I plan to use my remaining time to help others who are still stuck where I was. We need to fix this system so that what happened to me will never happen to anyone else, ever again,' he wrote.
He has raised more than $37,000 as of Wednesday with a goal of $50,000.