Oklahoma

Oklahoma judge rules Glynn Simmons, man who wrongfully spent nearly 50 years in prison for murder, is innocent

Published

6 months ago

December 20, 2023

Oklahoma judge rules Glynn Simmons, man who wrongfully spent nearly 50 years in prison for murder, is innocent

OKLAHOMA CITY — An Oklahoma man who served the longest wrongful imprisonment in U.S. history has now been formally declared innocent of a murder he has always maintained he did not commit.

Oklahoma County District Court Judge Amy Palumbo ruled in favor of Glynn Simmons, 71, updating the dismissal of his murder conviction with a declaration of “actual innocence” Tuesday.

Simmons had been convicted of the December 1974 murder of Carolyn Sue Rogers, who died after being shot during an Edmond liquor store robbery. He was imprisoned for more than 48 years and a former death row inmate, according to data from The National Registry of Exonerations.

Palumbo said she had reviewed decades’ worth of transcripts, reports, testimony and other evidence while preparing to make her decision before granting Simmons’ request.

“This Court finds by clear and convincing evidence that the offense for which Mr. Simmons was convicted, sentenced and imprisoned in the case at hand, including any lesser included offenses, was not committed by Mr. Simmons,” Palumbo said.

Simmons said Palumbo’s ruling Tuesday was a confirmation of something he had known all along for nearly 50 years: that he was an innocent man.

“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.”

Simmon’s attorney: ‘He has 50 years stolen from him’

One of Simmons’ attorneys, Joe Norwood, said the state of Oklahoma wrongfully took a chunk of his life away.

“He had 50 years stolen from him, the prime of his work life when he could have been getting experiences, developing skills. That was taken from him, by no fault of his own, by other people,” he said.

Kim T. Cole, a civil rights attorney based in Texas, supported Simmons on Tuesday and said the state needed to be held accountable for “robbing” Simmons of five decades of his life.

“It’s too late for justice, at this point, but it’s not too late for retribution,” Cole said. “Retribution is due.”

Prosecutors, attorneys dispute ‘failure of proof’ in Simmons case

After 48 years of incarceration, Simmons was released from prison earlier this year when Oklahoma County District Attorney Vicki Behenna determined that prosecutors had violated Simmons’ right to a fair trial by not disclosing a police lineup report to his trial lawyer.

While Behenna had decided not to pursue a retrial and agreed to dismiss Simmons’ murder conviction, she had been reluctant to describe Simmons’ case as “exonerated.” Her office had objected to Simmons’ actual innocence claim, saying that the state could not prove Simmons’ guilt “beyond a reasonable doubt” and that an eyewitness would not recant her identification of Simmons in 1975.

“The state had a failure of proof — that’s the only reason for the requested dismissal,” Behenna wrote in court filings dated Oct. 18. “This simply is not an ‘actual innocence’ case where DNA was used to exonerate a person; or a conviction was obtained using ‘forensic’ evidence that was later debunked; or where an eyewitness recanted their identification; or where the actual perpetrator of the crime confessed to the commission of the crime and the details of that confession were later corroborated by independent evidence.”

Simmons’ attorneys, Joe Norwood and John Coyle, said that the lineup report was “powerful innocence evidence” because it showed the eyewitness, who had survived being shot in the head during the robbery, 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 on Nov. 17. They also pointed to the testimony of a dozen witnesses who said that Simmons had been in Louisiana at the time of the murder.

His attorneys also said that the “actual innocence” claim was a necessary first step in Simmons being able to pursue monetary compensation from the state for the several decades he spent wrongfully imprisoned. But any compensation, Norwood cautioned, was not guaranteed and could be long into the future.

Will Simmons be compensated by the state?

Simmons is eligible for up to $175,000 in compensation from the state of Oklahoma for the wrongful conviction but it could be years before he sees any of that money, Norwood said.

Norwood added that Simmons is living off of donations, primarily from GoFundMe, while he’s undergoing treatment for cancer, The Associated Press reported.

“Whatever compensation he has coming is down the road, but I would just encourage people to donate to Glynn’s GoFundMe, because money ain’t showing up in his bank account tomorrow,” Norwood said.

Simmons can also file a federal lawsuit against Oklahoma City and law enforcement officers who were involved in Simmons’ arrest and conviction, Norwood said.

‘Black people’s voices need to be heard’

Don Roberts, Simmons’ co-defendant in 1975, also was convicted of Rogers’ murder. At the time, both men received the death penalty, but their sentences were modified to life in prison after a 1977 U.S. Supreme Court decision. Roberts was released on parole in 2008.

The University of Michigan Law School’s National Registry of Exonerations lists Simmons as the longest-served wrongful incarceration in its database of exonerees.

Simmons’ exoneration comes amid a time of heightened scrutiny of both mass incarceration and the death penalty throughout the United States. Counties with high numbers of wrongful convictions show patterns of systemic misconduct from police and other officials, and researchers argue that race often plays a role.

Perry Lott — another high-profile exoneree who saw his 1988 Pontotoc County rape conviction officially overturned this year thanks to DNA testing — appeared at the court Tuesday in support of Simmons. He was visibly moved as Palumbo revealed she would grant Simmons’ request, and he later told The Oklahoman, part of the USA TODAY Network, that he noticed the parallels in the cases between him and Simmons.

“People need to understand that Black people’s voices need to be heard, once and for all,” Lott said. “We’re not angry, we’re not upset, but there’s an enemy out here and he’s not seen.”

“Don’t be scared to stand up for what’s right,” Lott added. “We need your voice in this war against injustice.”

Who are the 11 people?: Oklahoma tied for the 2nd most death row convictions overturned in the US.

Who else has spent decades in prison before being exonerated?

The University of California Irvine Newkirk Center for Science and Society, the University of Michigan Law School, and the Michigan State University College of Law are tracking the lengths of time exonerees have been incarcerated across the country.

“While the average time spent in prison for all of the exonerees in the National Registry of Exonerations is just over nine years, there have been some prisoners who spent an extraordinary amount of time imprisoned for crimes they did not commit,” the project database reads.

Before Simmons’ exoneration, Anthony Mazza spent the longest time incarcerated after he served 47 years and two months in prison in Massachusetts. He was originally sentenced to life in prison without parole for a murder in Boston. He was exonerated in 2020.

Richard Phillips was imprisoned for 46 years in Michigan after being sentenced to life in prison for murder before he was exonerated in 2018. Isaiah Andrews was imprisoned for more than 45 years in Ohio in 2020. He died at the age of 83 in 2022. And Wilbert Jones served more than 44 years in prison in Louisiana before he was cleared of rape charges in 2018.

Dozens of other exonerees across the nation have spent more than 30 years in prison, according to the National Registry of Exonerations.

‘The truth has finally set him free.’ Man released after serving 28 years for crime he didn’t commit

Contributing: Associated Press

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Oklahoma

Local museum to celebrate Military Appreciation Day

Published

4 hours ago

June 27, 2024

Press Room

Local museum to celebrate Military Appreciation Day

OKLAHOMA CITY (KFOR) – Activities are in preparation for military service members and their families as the Oklahoma City Museum of Art (OKCMOA) in collaboration with the United Service Organizations (USO) kick off Military Appreciation Day on Friday, July 12.

This inaugural event is anticipated to provide a day where service members and their families can experience all the Museum has to offer free of charge.

“We’re very excited to collaborate with the USO on this endeavor,” said OKCMOA President and CEO Michael Anderson, PhD. “Our military service members and their families are an important part of our community, and it’s an honor to share the Museum with them in this way.”

The scheduled programming will be as follows:

Painting Classes

10:30 am-12 pm and 2-3:30 pm | Exclusive to military service members and their adult guests

Participate in a painting class led by an OKCMOA teaching artist. Limited to 20 registrants per session. Questions? Email usooklahoma@uso.org

Card-Making Station

11 am-4 pm | Open to the public

As part of our commitment to fostering a sense of community, visitors to the Museum will have the meaningful opportunity to create “thank you for your service” cards. These heartfelt messages will be sent to our brave service members who are deployed overseas, allowing our visitors to directly contribute to their well-being and show their support.

Drop-In Gallery Tours

11 am, 1 pm, 2 pm, and 3 pm | Exclusive to military service members and their families

Participate in a guided tour of OKCMOA’s world-famous Chihuly glass collection. Offered at the top of the hour at 11 am, 1 pm, 2 pm, and 3 pm. No registration required.

Oath of Service Ceremony

12 pm | Open to the public

In coordination with the USO, Military Entrance Processing Stations (MEPS), and Recruiting Command, OKCMOA will host an Oath of Service ceremony in front of the Museum at Carolyn Hill Park. Immediately following the ceremony, new recruits and their families will be invited to stay for an informal lunch in the Museum.

Military Kids Art Exhibition

On View July 12-14 | Open to the public

OKCMOA invites all participants in the annual USO Craft Camp to visit the Museum to see their art on display. OKCMOA is pleased to host a punch and cookies reception for the artists and their families. (Reception time to be announced.)

For more information, please visit okcmoa.com or contact OKCMOA’s Head of Education Bryon Chambers at bchambers@okcmoa.com.

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Oklahoma

Oklahoma to execute Richard Rojem Jr. for murder of ex-stepdaughter. What to know.

Published

11 hours ago

June 27, 2024

Press Room

Oklahoma to execute Richard Rojem Jr. for murder of ex-stepdaughter. What to know.

Rojem was convicted in 1985 of kidnapping, raping and murdering his former stepdaughter, 7-year-old Layla Cummings. His execution Thursday follows that of Ramiro Gonzales in Texas on Wednesday

Richard Rojem Jr. is set to be executed by lethal injection in Oklahoma on Thursday for the rape and murder of his 7-year-old former stepdaughter. If it goes forward, the execution will be the nation’s second in as many days.

Rojem, 66, was convicted in 1985 of raping and stabbing 7-year-old Layla Dawn Cummings to death. Her brutalized body was left in a field and found by a farmer; she was still wearing her mom’s nightgown.

“Everything she might have been was stolen from her one horrific night,” Layla’s mother, Mindy Cummings, told the Oklahoma Pardon and Parole Board this month. “She never got to be more than the precious 7-year-old that she was. And so she remains in our hearts − forever 7.”

Rojem has always maintained his innocence, telling the board on June 17: “I did not kidnap Layla. I did not rape Layla. And I did not murder Layla.”

The board rejected his clemency request. His execution will be the state’s second of the year and the nation’s ninth.

Here’s what we know ahead of the execution.

What is Richard Rojem convicted of?

Layla was abducted from an apartment in Elk City, Oklahoma, where she lived with her mother and 9-year-old brother, on July 6, 1984, Oklahoma state court documents say. The children’s mother and Rojem’s ex-wife, Mindy Cummings, had left them alone to work a late shift at a local fast-food restaurant.

The child’s body was found the next morning in a field 15 miles from her home by a farm in Burns Flat. the appellate court records say.

Rojem and Mindy Cummings had only been divorced for two months before Layla’s murder. The two met while Rojem was serving time in a Michigan prison for the rape of two teenage girls; Cummings was the sister of Rojem’s cellmate, according to court records.

The then-26-year-old Rojem knew Cummings’ work schedule and that the lock to her apartment door was broken, according to the court filings.

Rojem was found guilty on May 31, 1985 and sentenced to death.

Has Richard Rojem appealed?

Rojem appealed his death sentence multiple times until he exhausted his attempts in 2017, Oklahoma court records show. He did win two appeals as his initial and second death sentences were thrown out in 2001 and 2006 due to problems with the jury in both instances.

A jury sentenced him to death again in 2007, and he did not win anymore appeals afterward.

Rojem’s final attempt to remain on death row for the rest of his life was on June 17 during a clemency hearing. During the hearing, Rojem maintained that he did not murder Layla and he apologized for his past, which included the rape of two teenage girls.

“I wasn’t a good human being for the first part of my life, and I don’t deny that,” a handcuffed Rojem said during the hearing. “But I went to prison. I learned my lesson and I left all that behind.”

The Oklahoma Pardon and Parole Board denied Rojem clemency.

When will Richard Rojem be executed?

Rojem is scheduled to be executed at 10 a.m. CT at the Oklahoma State Penitentiary in McAlester, 90 miles south of Tulsa.

Oklahoma executions are scheduled 90 days apart due to the “emotional and mental trauma on correctional staff,” Attorney General Gentner Drummond said in a May news release. The execution interval was previously 60 days, he added.

How will Richard Rojem be executed?

Rojem will be executed with a three-drug lethal injection containing midazolam, vecuronium bromide and potassium chloride, according to Oklahoma execution protocols.

Midazolam is a sedative that is normally administered to help patients feel relaxed before surgery, vecuronium bromide is peripherally used as part of general anesthesia and potassium chloride is a medication for low blood potassium. The combination of the drugs the prison is using is fatal.

Who will witness the execution?

The Oklahoma Attorney General’s Office told USA TODAY that the “witness list is confidential for security reasons.”

While unclear who will be in the execution room, the Oklahoma State Penitentiary at McAlester does provide a place to view for people 18 or older who are immediate family of any deceased victim of the defendant, according to state statutes.

Rojem’s attorney, Jack Fisher, told USA TODAY that he would be attending his client’s execution on Thursday.

Among the select members of the news media who will witness the execution is reporter Nolan Clay of The Oklahoman, part of the USA TODAY Network.

What will be Richard Rojem’s final meal?

According to the Oklahoma Department of Corrections, Rojem’s final meal will consist of:

A small Little Caeser’s pizza – double cheese/double pepperoni
Eight salt packets
Eight crushed red pepper packets.
Vernors Ginger Ale, bottled.
Four ounces of vanilla ice cream cups

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Oklahoma

OSU Recruiting: Oklahoma State Gets Commitment From JUCO Transfer LB Chris Robinson

Published

18 hours ago

June 26, 2024

Press Room

OSU Recruiting: Oklahoma State Gets Commitment From JUCO Transfer LB Chris Robinson

On Wednesday, Kilgore College (TX) linebacker Chris Robinson announced his commitment to Oklahoma State.

I’M HERE! Gopokes🤠#committed @CoachNardo27 @joebobclements @CoachGundy @CoachJG_ @CowboyFB pic.twitter.com/qH707uTwLR
— 𝐂𝐡𝐫𝐢𝐬𝐭𝐨𝐩𝐡𝐞𝐫 𝐑𝐨𝐛𝐢𝐧𝐬𝐨𝐧 (@sayochris5) June 26, 2024

Robinson’s pledge comes 16 days after the Rangers’ standout took a visit to Stillwater and picked up an offer from Bryan Nardo and company. Prior to his trip to Stillwater, Robinson visited the Cougars and new head coach Willie Fritz.

After seeing OSU, however, the the Cowboys were able to get a commitment from Robinson on Wednesday.

Listed at 6-foot-1 and 210 pounds, Robinson played one season at Kilgore College, tallying 38 tackles, 5.5 tackles for loss and two sacks in 11 games, helping lead the Rangers to a 9-2 record and a Southwest Junior College Football Conference championship.

Robinson’s efforts resulted in the star freshman earning offers from Missouri State, Eastern Kentucky, Texas Tech, New Mexico, Houston and Oklahoma State.

Before attending Kilgore College, Robinson played at Harker Heights (TX), a high school 55 miles southwest of Waco. Harker Heights is also just five miles from Killeen, TX, the home of Cowboys’ 2025 tight end commit Isaiah Butler-Tanner, who commented on Robinson’s pledge.

Reppin 254 #GoPokes
— Isaiah Butler-Tanner (@Isaiah_Tanner4) June 26, 2024

For Joe Bob Clements, the addition of Robinson gives the Pokes’ linebacker room great depth heading into the 2024 season. With talented linebacker duo Nick Martin and Collin Oliver both back in Stillwater after impressive performances in 2023, inserting Robinson into the rotation will only make the position group better.

In addition to Robinson, Oklahoma State also adds 3-star Melissa (TX) linebacker Gunnar Wilson to its roster ahead of the 2024 season.

Want to join the discussion? Like AllPokes on Facebook and follow us on Twitter to stay up to date on all the latest Cowboys news. You can also meet the team behind the coverage.

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