By G.W. Schulz
In 2023, Norwood.Law earned an extraordinary lifetime achievement that attracted national and international attention. But even that wasn’t enough for us. First, Norwood.Law made history by freeing America’s longest-serving wrongfully convicted man, Glynn Simmons. He was locked up for 48 years in Oklahoma’s merciless prison system before we brought him home. Now we’re fighting to get his co-defendant, Don Roberts, declared innocent, too. But the government is stubbornly saying no. That’s even though Don Roberts and Glynn Simmons were convicted and sent to prison for the same exact crime.
This new push to have Don Roberts formally declared innocent began when co-defendant Glynn Simmons was set free. For years, it hadn’t seemed like a real possibility that either would know freedom again. But after studying the case, an Oklahoma City judge in 2023 ruled that Simmons was innocent of a 1974 murder that had occurred during a store robbery. Simmons had waited 48 years for someone to take his story seriously. But Glynn’s freedom didn’t mean co-defendant Don Roberts was automatically made innocent, too. Both are today in their 70s.
Champion
At Norwood.Law, we do more than just wrongful convictions. If you’ve been injured by someone or wronged in a business dispute, we’ll champion you in court and tell your side of the story. What does it feel like for Glynn Simmons to finally know freedom? He told the BBC: “It’s things like … watching the seasons change, the foliage, simple things that you couldn’t do in prison. You couldn’t enjoy it. You couldn’t see it. It’s exhilarating.”We practice business, criminal defense, personal injury, family law, and more. Need help with a will, trust, or estate? We do those, too. Call us for a consultation at 918-582-6464. Let Norwood.Law stand up for you.
Caged
The 1974 robbery and killing had taken place at a liquor store in Edmond, Oklahoma. Don Roberts and Glynn Simmons were tried together and convicted of the crime the following year. By 2008, Don Roberts was exhausted from his time locked up. He’d spent 33 years by then in prison for a case that even one of the prosecutors later admitted was questionable. So he agreed that year to be paroled in exchange for his release. Co-defendant Glynn Simmons wouldn’t accept such a deal for release. But that meant he would be a convicted felon for the rest of his life. Finding a job would be a major headache for years to come. Accepting parole also meant no compensation for being wrongfully convicted. To be sure, Don Roberts in 2008 couldn’t have known that his co-defendant would be found fully innocent 15 years later and sent home. Co-defendant Glynn Simmons, for his part, wouldn’t accept such a deal for release.
“The same evidence that wrongfully convicted Glynn also wrongfully convicted Don,” Norwood.Law attorney Joe Norwood told Oklahoma TV station KFOR. “Luckily, Don has been out. But he’s still got this conviction. He still has parole. We are going to get him exonerated and get his name cleared.”
When Glynn Simmons was finally found innocent in 2023, meanwhile, that made him eligible for compensation. With our help, the city of Edmond, Oklahoma, agreed to pay $7.1 million for the decades Simmons spent caged up for a murder he didn’t commit. The state of Oklahoma paid pennies by comparison. The maximum amount allowed under the law at the time for wrongful convictions was just $175,000.
Felon
The innocence claim of co-defendant Don Roberts has moved slowly. First, Oklahoma County District Court Judge Amy Palumbo suddenly recused herself after overseeing the case for four years. Norwood.Law was not told why. Judge Palumbo had been the one to set Glynn Simmons free. Her recusal occurred just before Judge Palumbo was to rule on the innocence of Don Roberts. After she left, a second judge, Lydia Green, was appointed to the case. But before long, she was removed. A third judge, Kathryn Savage, held the case for only a few days before she ruled against Don Roberts. Judge Savage made the decision even though she’d never held a hearing in the case.
Free
Glynn Simmons and Don Roberts were first accused of murder in 1974. Two perpetrators had robbed a liquor store over the holidays in Edmond, Oklahoma. A clerk was shot to death. A second customer was shot in the head but survived. She became the only witness in the case. There has never been any physical evidence. After being convicted, Glynn Simmons and Don Roberts were on Oklahoma’s death row. But their sentences were later reduced to life in prison following a major U.S. Supreme Court decision. The two men each continued for decades to try and free themselves. He had already served 33 years behind bars by then in 2008. Roberts was released on parole, but he would have to live as a convicted felon on parole. That’s not easy.
Seasons
Glynn Simmons today is listed in the National Registry of Exonerations as the longest-serving wrongfully convicted man in America. During his 48 years in prison, Simmons maintained his innocence. Prosecutors at the time of the trial relied heavily on a single problematic witness. She admitted in court to only seeing the two perpetrators at the liquor store of a liquor-store for a few seconds. Over the course of the case, a dozen other witnesses have said Glynn Simmons was actually in his home state of Louisiana at the time of the robbery. It wasn’t until later that he moved to Oklahoma City.
Battles
For Simmons, his struggle continues. He told the news site NonDoc:
“A long time ago, my mom told me, ‘Every day above ground is a good day, because you’ve got a chance to get it right, and you’ve got a chance to make it right.’ So, I kept struggling, and I kept striving.”
After Simmons was released in 2023, Norwood.Law on his behalf sued state and local authorities in Oklahoma for wrongly convicting him and for his half-a-century spent in prison. We said after the settlement was reached:
“No physical evidence ever connected him to the crime. The only ‘evidence’ against him was grossly falsified police line-ups and reports and police manipulation of a victim who briefly witnessed the crime before being horribly injured during it.”
Joseph M. Norwood is a Tulsa attorney with the courtroom expertise you need. Contact his office at 918-582-6464.