Glynn Simmons

Simmons kept trying to prove his innocence, filing a motion for post-conviction relief that was denied in 1997. He filed a federal petition for a writ of habeas corpus in 1997, but it was also denied.

Simmons kept trying to prove his innocence, filing a motion for post-conviction relief that was denied in 1997. He filed a federal petition for a writ of habeas corpus in 1997, but it was also denied.

In January 2023, Simmons’s attorneys Joseph Norwood and John Coyle filed an amended application for post-conviction relief which cited the failure of the prosecution to disclose the police report which said that Brown had initially identified other two men and noted that in fact Brown had identified four other individuals during the eight lineup procedures. The motion also noted that in addition to the four witnesses who testified at the trial that Simmons was in Harvey, there were two other witnesses present who were to testify similarly but they did not after Simmons’s defense lawyer denied their testimony as cumulative. The petition included affidavits from five more people who said that they saw Simmons in Harvey at the time of the crime.

In January 2023, Simmons’s attorneys Joseph Norwood and John Coyle filed an amended application for post-conviction relief which cited the failure of the prosecution to disclose the police report which said that Brown had initially identified two other men and noted that in fact Brown had identified four other individuals during the eight lineup procedures. The motion also noted that in addition to the four witnesses who testified at the trial that Simmons was in Harvey, there were two other witnesses present who were to testify similarly but they did not after Simmons’s defense lawyer denied their testimony as cumulative. The petition included affidavits from five more people who said that they saw Simmons in Harvey at the time of the crime.

In April 2023, Oklahoma County District Attorney Vicki Behenna, who had been the head of the [[Oklahoma Innocence Project]] before being elected as district attorney in 2022, filed a motion seeking to vacate Simmons’s conviction. On July 20, District Court Judge Amy Palumbo vacated Simmons’s conviction and ordered a new trial. On July 22, Simmons was released on bond. On September 11, Behenna announced that the office would not seek to retry Simmons and dismissed the case. On September 19, Judge Palumbo granted a motion filed by Behenna to dismiss the case. In October, Simmons filed a motion seeking a declaration of innocence to then seek compensation from the state of Oklahoma. Oklahoma County District Court Judge Amy Palumbo issued such a declaration on December 19.{{Cite web |last=Smith |first=Jessie Christopher |date=2025-02-23 |title=Oklahoma County DA requests retrial for Glynn Simmons, one step closer to freedom. Ch. 10 |url=https://www.oklahoman.com/story/news/2025/02/23/glynn-ray-simmons-new-trial-2023/77947587007/ |access-date=2025-06-30 |website=The Oklahoman |language=en-US}}

In April 2023, Oklahoma County District Attorney Vicki Behenna, who had been the head of the [[Oklahoma Innocence Project]] before being elected as district attorney in 2022, filed a motion seeking to vacate Simmons’s conviction. On July 20, District Court Judge Amy Palumbo vacated Simmons’s conviction and ordered a new trial. On July 22, Simmons was released on bond. On September 11, Behenna announced that the office would not seek to retry Simmons and dismissed the case. On September 19, Judge Palumbo granted a motion filed by Behenna to dismiss the case. In October, Simmons filed a motion seeking a declaration of innocence to then seek compensation from the state of Oklahoma. Oklahoma County District Court Judge Amy Palumbo issued such a declaration on December 19.{{Cite web |last=Smith |first=Jessie Christopher |date=2025-02-23 |title=Oklahoma County DA requests retrial for Glynn Simmons, one step closer to freedom. Ch. 10 |url=https://www.oklahoman.com/story/news/2025/02/23/glynn-ray-simmons-new-trial-2023/77947587007/ |access-date=2025-06-30 |website=The Oklahoman |language=en-US}}