Edmond liquor store murder co-defendant seeks exoneration

OKLAHOMA CITY (KFOR) — For 20 years, News 4 has been reporting on the wrongful conviction of Glynn Simmons.

Simmons was freed last year, exonerated, and released from prison after spending 48 years behind bars for a murder he did not commit.

On Thursday, Simmons' 71-year-old co-defendant Don Roberts was in court, fighting to have his name cleared as well.

50 years ago, when Roberts was 21, he was convicted alongside Glynn Simmons. The two men were accused in the Edmond liquor store murder of 1974.

Roberts spent 33 years behind bars serving time for the crime. He was released on parole in 2008, and lives as a convicted felon with limited job prospects and pay.

Roberts has always maintained his innocence, and now, one year after a judge found Glynn Simmons' trial was unfair, he wants his day in court.

"The same evidence that wrongfully convicted Glynn, also wrongfully convicted Don," said Joe Norwood, Roberts' attorney. "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."

Oklahoma County District Attorney Vicki Behenna appeared in court on behalf of the state.

Roberts and his legal team were hopeful the judge would set a date for testimony and witnesses. While Judge Amy Palumbo did not agree to a hearing on the evidence, she did allow the case to move forward.

If found innocent, Roberts may be eligible for $175,000 in compensation from the state of Oklahoma.