Dear Mr. Daniels:

          This letter is to confirm that I wrote the attached letter to Mr. Simmons.  I understand Mr. Hamm at the last meeting on Mr. Simmons did not believe I had written it.  Mr. Hamm is a fine man and a good friend as I grew up in Perry, Oklahoma, however, he was incorrect when he believed I did not write it.  It may have been surprising to him.  I was a prosecutor for approximately 7 years and I have rarely had any contact with the Pardon & Parole Board as a defense attorney. I was the prosecuting attorney on this case.

          In keeping with my statement in the attached letter, that the jury could have gone either way on Mr. Simmons case, it is important to know that: the only witness who identified him at trial when first seeing him in a line-up, wanted to think about his identification overnight;  and the composite (which was never introduced at trial) of the individual that was supposed to be Mr. Simmons was 6 feet something and 200 plus pounds (wearing a hat) a physical description greatly different from Mr. Simmons stature at the time.  The jury on that day at that time found him guilty, however, quite candidly, it was one of the few cases I have been involved in that the verdict a week later could easity have been different.