Oklahoma County's District Attorney has announced she is seeking a new trial for one of two men convicted of fatally shooting an Edmond liquor store clerk in 1974.
District Attorney Vicki Behenna says a 'significant' police report was not turned over to attorneys for Don Roberts.
"Because we believe in fair and just trials in Oklahoma that we should file an application requesting a new trial," said Behenna. "One of the guiding principles for us in making that decision were our rules of professional responsibility in particular Rule 3.8.D that requires prosecutors to turn over evidence to defense counsel and we clearly know that didn't happen."
Roberts and co-defendant Glynn Ray Simmons were convicted of killing Carolyn Sue Rogers. Both were given the death penalty, but the sentences were reduced to life in prison in 1977. Simmons was paroled in 2008. Roberts is still behind bars. They both claimed they were innocent, and didn't even know each other till they met at a party in 1975.