The Health Divide: Black individuals are nearly 8 times more likely to be wrongfully convicted of murder

Glynn Simmons and Richard Phillips do not know each other, but they have much in common.  

In 1971, Phillips was imprisoned for homicide in Detroit, Michigan. At the time of his sentencing, he was 25 and the father of a 4-year-old daughter named Rita, and a 2-year-old son, Richard Jr. He received a life sentence.  

In 1975, Simmons was convicted of first-degree murder for a liquor store robbery in Edmond, Oklahoma. At his sentencing, Simmons was 22 years old and the father of a 3-year-old son named Glenn. He spent three years on death row before his sentence was reduced to life in prison. 

Both men are African American, both grew up in poverty, and both served decades behind bars before being exonerated of crimes they did not commit.

Phillips, who was exonerated in 2018, told CNN after his release: 

“Nobody realizes just how difficult it is to go to prison and get out and maintain some type of consistent sanity. They don’t realize how hard that is,” he said. “I remember walking out of the detention center and raising my hand to God in giving thanks. I didn’t have any family (there). At the time, I didn’t know where my son, my ex-wife, or my daughter was. I told myself I’ve been missing out on a lot of life.” 

According to the National Registry of Exonerations, Phillips, who spent 45 years in prison, and Simmons, who served 48 years, are recognized as the longest-serving inmates to be exonerated in the United States. 

Their tragic experiences point to a broader disparity. African Americans are approximately 7.5 times more likely to be wrongfully convicted of murder compared to whites, and they are about 80% more likely to be innocent than other individuals convicted of murder, according to the NRE, which tracks all known exonerations in the U.S. since 1989.

Incarceration takes a heavy toll on mental health 

Being imprisoned for a crime you did not commit is a serious public health issue.  

Incarceration can worsen mental health, particularly for those already facing psychological challenges. Many individuals enter prison with unresolved mental health issues, but the harsh prison environment often fails to provide the necessary care they need. 

This oppressive atmosphere deepens their suffering and worsens their conditions. Additionally, many inmates endure further punishment, such as being confined to their cells for up to 23 hours a day, poor living conditions, and chronic neglect. 

When you factor in inadequate nutrition and significant gaps in medical care, inmates see an impact on their physical health as well. Rampant outbreaks of infectious diseases such as tuberculosis, hepatitis C, and HIV turn confinement into a breeding ground for a variety of serious health issues.  

Then there is the constant threat of violence. Inmates risk physical harm from being beaten, stabbed, raped, and killed by fellow prisoners, according to the Equal Justice Initiative, a nonprofit that provides legal representation to prisoners who may have been wrongly convicted of crimes. For instance, the organization found that the homicide rate in Alabama prisons was 600% higher than the national average for the years 2001 to 2014. 

Within those walls, where survival often takes precedence over compassion, the shadow of violence looms over every aspect of life.  

Now, imagine being innocent of the crime that led to your imprisonment in the first place.  

“I can’t even begin to fathom being incarcerated for a crime I did not commit and facing even one day behind bars,” said Lia Knox, a licensed professional counselor and behavioral health consultant based in Milwaukee. “But we know some men have served years incarcerated for crimes they did not commit, and they will never, ever get out of prison. We know this, and that’s why many say the prison system is broken.” 

Phillips was 71 years old when he was exonerated and released from prison in 2018. When he was incarcerated in 1972, a new Ford car cost $4,000, a can of soda was 10 cents, and the average cost of public college was $500 annually. 

After his release, he encountered financial difficulties and was forced to sell the paintings he created while incarcerated.  

Phillips was convicted in October 1972, alongside co-defendant Richard Palombo, for the murder of Gregory Harris. The conviction was based on testimony from the victim’s brother-in-law.  

Years earlier, Palombo told the parole board that he and the brother-in-law were responsible for killing Harris, claiming he didn’t know Phillips at the time.  

The Innocence Clinic at the University of Michigan received a tip about Palombo’s statement and took on Phillips’ case. 

Following the involvement of the Innocence Clinic, Phillips' case became the first to be reviewed by the Conviction Integrity Unit of the Wayne County Prosecutor's Office, which investigates claims of wrongful convictions. Since it was established in 2017, the unit’s work has led to three exonerations and initiated seven new trials, according to The Detroit News. 

In 2019, Phillips received $1.5 million from the Michigan Wrongful Imprisonment Compensation Act Funds, equating to approximately $33,000 annually.  

Glynn Simmons was released from prison in 2023 at age 70. He was declared innocent of the 1974 murder of Carolyn Sue Rogers. The verdict is now recognized as the longest wrongful conviction in U.S. history.  

His sentence was vacated due to prosecutors’ failure to disclose all evidence, including witness identifications of other suspects. At 22, Simmons and co-defendant Don Roberts were initially convicted and sentenced to death in 1975; this was later commuted to life in prison.  

A crucial aspect of the case was that the victim, who had been shot during a robbery at a liquor store in Edmond, Oklahoma, did not identify Simmons in a lineup soon after being hospitalized, instead pointing out other suspects. Despite his claim that he was in Louisiana during the murder, Simmons was still found guilty. 

In December 2023, Simmons received $175,000 from the state of Oklahoma, the maximum amount allowed for wrongful convictions under state law. In August 2024, the city of Edmond, Oklahoma agreed to pay $7.15 million to settle a lawsuit filed by Simmons. 

Simmons now runs a food truck and is currently battling stage 4 liver cancer. 

What can we do as journalists?  

Throughout the years, I have been the recipient of countless letters from African American inmates, each one brimming with the weight of their anguish and assertions of wrongful conviction.  

These heartfelt handwritten pleas reveal a tapestry of stories. Many individuals recount their devastating experiences and convictions, often built on the shaky foundation of eyewitness testimony. Some letters recount false claims propagated by dubious police informants, casting shadows upon their innocence.  

Although the resources required for thorough investigations are unfortunately out of reach for many of these cases, I firmly believe that we owe it to some of these inmates to pass the information to groups like the Innocence Project. 

A case in point: My former colleague Tom Kertscher assisted the Wisconsin Innocence Project in exonerating David Bintz, who spent 25 years in prison for the 1987 murder of Sandra Lison. Last September, Bintz was released after DNA testing cleared him of the crime and identified the actual perpetrator.  

Special attention should be given to instances where the convictions are based on questionable grounds and flawed processes that led to their imprisonment. 

The data shows that there are huge disparities in who serves time in prison for crimes they did not commit. While Black people are 13.6% of the population, they represent 53% of the 3,200 exonerations listed in the National Registry of Exonerations.  

According to the Registry, innocent Black individuals are approximately seven-and-a-half times more likely to be convicted of murder than innocent white individuals. And the convictions that led to murder exonerations involving Black defendants were nearly 50% more likely to include misconduct by police officers than those involving white defendants. 

"We have not exonerated the majority of falsely convicted individuals; the number we observe is merely the tip of the iceberg," said Barbara O’Brien, editor of the National Registry of Exonerations, in a statement. 

As journalists, it is our responsibility to raise awareness by consistently highlighting these miscarriages of justice.