Tuesday, February 25th 2025, 2:28 pm
The U.S. Supreme Court has vacated the conviction of Oklahoma death row inmate Richard Glossip, ruling that he did not receive a fair trial.
Oklahoma Attorney General Gentner Drummond applauded the decision in a release, noting the injustice in Glossip's original trial and expressing hope for a fair resolution moving forward.
Drummond filed a motion in April 2023 with the Oklahoma Court of Criminal Appeals (OCCA) to set aside Glossip's conviction and remand the case to the district court. Despite the state's confession of error in the disclosure of evidence, the OCCA upheld Glossip's conviction and death sentence. The case was then advanced to the U.S. Supreme Court.
Drummond held a press conference on Tuesday at the Office of the Attorney General to address the U.S. Supreme Court’s decision to vacate Glossip’s conviction.
Drummond emphasized that the Attorney General’s Office seeks justice, not simply to defend past prosecutions. Early in his tenure, he reviewed the cases of all Oklahomans on death row, identifying Glossip’s case as a clear miscarriage of justice.
The Supreme Court found that justice was not served in Oklahoma, a conclusion Drummond supports. He said the ruling underscores the gravity of the death penalty and expressed confidence in Oklahoma’s ability to make the right legal decisions moving forward.
Despite the Court’s decision, Drummond maintains that Glossip is guilty. However, he stressed that the issue lies in Glossip not receiving a fair trial.
"Our justice system is greatly diminished when an individual is convicted without a fair trial, but today we can celebrate that a great injustice has been swept away," Drummond said in an earlier press release. "I am pleased the high court has validated my grave concerns with how this prosecution was handled, and I am thankful we now have a fresh opportunity to see that justice is done."
The Attorney General’s Office will work with Oklahoma County District Attorney Vicki Behenna to reexamine the evidence in Glossip’s case, interview available witnesses, and determine whether to seek the death penalty, life without parole, or a lesser charge.
A hold has been requested by Drummond on Glossip’s release from prison. However, Glossip will be removed from H Block, the high-security section of the Oklahoma State Penitentiary that houses death row inmates.
All legal options are considered by Drummond to remain open for Glossip, including a jury trial. He dismissed concerns that public attention to the case would influence potential jurors, citing a general lack of widespread knowledge about Glossip’s case among Oklahomans.
Drummond said Glossip has already admitted to a crime carrying a 35-year sentence, of which he has served 28 years.
The attorney general also clarified that he does not intend to pursue action against prosecutors involved in the 25-year-old case, stating his focus is on addressing prosecutorial misconduct occurring today.
Drummond expressed sympathy for the family of Barry Van Treese, the victim of the murder. While acknowledging the family's suffering, he said the family understands that “the wheels of justice will grind forward.”
READ MORE: Oklahoma's Own In Focus: The Richard Glossip Case
Drummond filed a motion in April 2023 with the Oklahoma Court of Criminal Appeals (OCCA) to set aside Glossip's conviction and remand the case to the district court. Despite the State's confession of error in the disclosure of evidence, the OCCA upheld Glossip's conviction and death sentence. The case was then advanced to the U.S. Supreme Court.
READ MORE: Richard Glossip: Q&A with former State Rep. Kevin McDugle on new trial decision
Glossip was initially charged with accessory to murder in January 1997 after the murder of Barry Van Treese, an Oklahoma City motel owner and Glossip's boss. Glossip's coworker, Justin Sneed, confessed to beating Van Treese to death.
Sneed testified, as part of a plea agreement to avoid the death penalty, that Glossip had paid Sneed to kill his boss. Glossip had already admitted to helping cover up the murder, but he received a death sentence for first-degree murder.
READ MORE: Rally held In support of death row inmate Richard Glossip at Oklahoma Capitol
However, testimony by Sneed that prosecutors knew or should have known was false was allowed to stand in court. Sneed denied that he was taking lithium for a psychiatric condition, which contradicted medical records.
READ MORE: Oklahoma Attorney General Looks To Supreme Court To Review Death Row Case
The OCCA denied a petition for a new trial based on revealed evidence, but the U.S. Supreme Court granted a stay of Glossip's execution and agreed to review the case.
READ MORE: Death Row Inmate Execution Blocked By US Supreme Court
"Because Sneed's testimony was the only direct evidence of Glossip's guilt, the jury's assessment of Sneed's credibility was material and necessarily determinative," the Court wrote.
The discovery of Sneed's lie undermined his credibility and revealed a willingness to lie under oath, according to the Court. The Court was bound by prior rulings in which the prosecution is constitutionally obligated to correct such false testimony.
In addition to the false testimony, the Supreme Court’s review of the case highlighted the prosecution’s violations of rules against sequestration, destruction of evidence, and withholding witness statements. All of these factors compounded the existing issues for the prosecution at trial.
"Evidence of Sneed's bipolar disorder, which could trigger impulsive violence when combined with his drug use, would have contradicted the prosecution's portrayal of Sneed as harmless without Glossip's influence," the Court wrote. "Hence there is a reasonable likelihood that correcting Sneed's testimony would have affected the judgment of the jury."
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