Skip to main content

Oklahoma Lawmaker Calls for Investigation of Prosecutor for Deliberately Withholding Evidence of Innocence in Richard Glossip Retrial

An Oklahoma state representative has called for an investigation into the practices of the Oklahoma County District Attorney’s office following additional revelations that county prosecutors deliberately withheld exculpatory evidence and manufactured false testimony to secure a conviction and death sentence against Richard Glossip in his 2004 retrial.

At a news conference on September 22, 2022, the fourth date Oklahoma had set to execute Glossip, State Representative Justin Humphrey called the prosecution’s conduct in the case “extremely unethical.” “This is unacceptable,” Humphrey said. “You’re looking at taking a person’s life, which makes you no better than a murderer. … I want to call for an investigation.”

Humphrey, who describes himself as “a strong proponent” of capital punishment, said that he initially “was very reluctant” to become involved in Glossip’s case. “Now I’m at the point we’re investigating the wrong people,” Humphrey said. “I don’t think that we should just let this go. … This is unacceptable. … Why would you do that? Why would you manufacture evidence?”

The news conference was held in connection with supplemental petition filed by Glossip’s lawyers in the Oklahoma Court of Criminal Appeals presenting documentation that Oklahoma County prosecutors had withheld evidence that Justin Sneed, their lead witness in the case, had wanted to recant his testimony implicating Glossip in the 1997 murder of motel owner Barry Van Treese, but that Sneed feared doing so would jeopardize a plea deal that had spared him the death penalty for the murder. The prosecution files, which defense counsel were able to view for the first time on September 1, 2022, contained notes regarding a series of meetings between trial prosecutor Connie Pope, Sneed, and his lawyer Gina Walker concerning this issue.

Pope’s co-counsel Gary Ackley told investigators for the law firm Reed Smith — whom legislators retained pro bono to conduct an independent review of the case — that he was never told about Sneed’s desire to recant or negotiate a better deal for himself. “Any prosecutor would be concerned about any cooperating witness in any big case regarding the uncertainty of the waffling back and forth and the disingenuous bad faith nature of such actions,” adding that this evidence clearly had to be disclosed to the defense.

The petition also presented evidence long hidden in the prosecution’s case file that Pope lied to the court, withheld evidence of numerous improper pretrial and midtrial communications with Sneed, violated a witness sequestration order, and manufactured false testimony from Sneed to plug holes in the prosecution case that had developed during the trial.

Sneed had testified at Glossip’s first trial that Glossip had hired him to kill Van Trees and that, acting alone, he had beaten Van Treese to death using only a baseball bat. During the retrial, medical testimony established that Van Treese also had been stabbed and that the distinctive blade of a pocketknife found under Van Treese body could have caused those wounds. When the defense finally obtained access to the prosecution file, they discovered a midtrial letter from Pope to Sneed’s lawyer that there “are a few items that have been testified to that I needed to discuss with Justin,” and that “[o]ur biggest problem is still the knife.” Sneed then changed his account of the murder to comport with the medical testimony, claiming that he also had stabbed Van Treese, and Pope feigned surprise to the court when the defense accused her of a discovery violation for failing to reveal the full scope of Sneed’s anticipated testimony.

Glossip’s petition stressed the exculpatory nature of the evidence relating to the knife. “If Sneed did not use the pocketknife, then somebody else must have been inside the room, and that flatly contradicted the state’s case that rested on Sneed’s account of committing the murder alone,” counsel wrote. During the press conference, Glossip’s lead counsel, Don Knight, said that the prosecutor’s deliberate violation of the sequestration order to supply information to Sneed “calls into serious question the reliability of his testimony. That information was known by the prosecution since 2004, never turned over to the defense at all. … Not only did the prosecution destroy evidence, they manufactured evidence. They changed people’s testimony. They broke the rules, all to try to get a conviction against Rich Glossip on a death penalty case that should never have been brought at all.”

No physical evidence connects Glossip to Van Treese’s murder and, insisting on his innocence, he turned down a plea deal at his trial for a parole-eligible life sentence. His conviction and death sentence rested primarily on the repeatedly changing accounts of the murder provided by Sneed. Multiple witnesses have since come forward with evidence that Sneed falsely implicated Glossip in order to avoid the death penalty.

In February 2022, a bipartisan group of 35 Oklahoma legislators engaged pro bono attorneys at Reed Smith to review the case. While the firm’s review was underway, Oklahoma Attorney General John O’Connor filed a motion with the Oklahoma Court of Criminal Appeals on June 10, 2022 seeking execution dates for 25 Oklahoma death-row prisoners, including Glossip. Reed Smith issued its report five days later, documenting that prosecutors had destroyed key exculpatory records in advance of Glossip’s retrial and concluding that no reasonable jury presented with all the evidence would have convicted him. The firm’s continuing investigation into the case has produced even more evidence of prosecutorial misconduct and Glossip’s likely innocence, which it released in supplemental reports issued on August 9, August 23, and September 20, 2022.

In two orders issued on July 1, the court granted O’Connor’s request to set the execution dates, scheduling Glossip’s execution for September 22. With his execution date pending, Glossip filed a petition in the Oklahoma Court of Criminal Appeals seeking a new trial based on the initial Reed Smith report. Governor Kevin Stitt temporarily stayed Glossip’s execution on August 16, 2022, to provide the appeals court time to determine whether to grant Glossip a hearing on his innocence claim and rescheduled Glossip’s execution for December 8, 2022.

Two-thirds of Oklahoma’s legislators, led by Republican State Representative Kevin McDugle, sent a letter to Attorney General John O’Connor urging him to support Glossip’s request for a new hearing. O’Connor declined and is continuing to oppose granting Glossip an opportunity to present evidence to the court.

“I’m not afraid to have a hearing,” Knight said at the press conference. “I think the state is afraid to have a hearing. They just want to kill this man.”

Source: Death Penalty Information Center, Staff, September 28, 2022





🚩 | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.




Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

Florida executes Michael Tanzi

Florida on Tuesday executed a death row inmate described by one local detective as a "fledgling serial killer" for the murder of a beloved Miami Herald employee. Florida executed Michael Tanzi on Tuesday, 25 years after the murder of beloved Miami Herald employee Janet Acosta, who was attacked in broad daylight on her lunch break in 2000.   Michael Tanzi, 48, was executed by lethal injection at the Florida State Prison in Raiford and pronounced dead at 6:12 p.m. ET. 

South Carolina | Man who ambushed off-duty cop to face firing squad in second execution of its kind

Mikal Mahdi, 48, who was found guilty of killing an off-duty police officer and a convenience store worker, is the second inmate scheduled to executed by South Carolina's new firing squad A murderer who ambushed and shot an off duty police officer eight times before burning his body in a killing spree is set to become the second person to die by firing squad. South Carolina's highest court has rejected the last major appeal from Mikal Mahdi, 41, who is to be put to death with three bullets to the heart at 6pm on April 11 at the Broad River Correctional Institution in Columbia. Mahdi's lawyers said his original lawyers put on a shallow case trying to spare his life that didn't call on relatives, teachers or people who knew him and ignored the impact of weeks spent in solitary confinement in prison as a teen.

Lethal Injection, Electric Chair, or Firing Squad? An Inhumane Decision for Death Row Prisoners

South Carolina resumed executions with the firing squad killing of Brad Sigmon last month. Mikal Madhi’s execution date is days away. The curtain shrieked as it was yanked open to reveal a 67-year-old man tied to a chair. His arms were pulled uncomfortably behind his back. The red bull’s-eye target on his chest rose and fell as he desperately attempted to still his breathing. The man, Brad Sigmon, smiled at his attorney, Bo King, seated in the front row before guards placed a black bag over his head. King said Sigmon appeared to be trying his best to put on a brave face for those who had come to bear witness.

Afghanistan | Four men publicly executed by Taliban with relatives of victims shooting them 'six or seven times' at sport stadium

Four men have been publicly executed by the Taliban, with relatives of their victims shooting them several times in front of spectators at a sport stadium. Two men were shot around six to seven times by a male relative of the victims in front of spectators in Qala-i-Naw, the centre of Afghanistan's Badghis province, witnesses told an AFP journalist in the city.  The men had been 'sentenced to retaliatory punishment' for shooting other men, after their cases were 'examined very precisely and repeatedly', the statement said.  'The families of the victims were offered amnesty and peace but they refused.'

South Carolina executes Mikal Mahdi

Mikal Mahdi, 42, was executed for the 2004 murder of 56-year-old James Myers A man facing the death penalty for committing two murders was executed by firing squad on Friday, the second such execution in the US state of South Carolina this year. Mikal Mahdi, 42, was executed for the 2004 murder of 56-year-old James Myers, an off-duty police officer, and the murder of a convenience store employee three days earlier. According to a statement from the prison, "the execution was performed by a three-person firing squad at 6:01 pm (2201 GMT)," with Mahdi pronounced dead four minutes later.

Louisiana | Lawyers of Jessie Hoffman speak about their final moments before execution

As Louisiana prepared its first execution in 15 years, a team of lawyers from Loyola Law were working to save Jessie Hoffman’s life. “I was a young lawyer three years out of law school, and Jessie was almost finished with his appeals at that time, and my boss told me we needed to file something for Jessie because he’s in danger of being executed,” Kappel said. Kappel and her boss came up with a civil lawsuit to file that said since they wouldn’t give him a protocol for his execution, he was being deprived of due process, and the lawsuit was in the legal process for the next 10 years.

USA | Why the firing squad may be making a comeback

South Carolina plans to execute Mikal Mahdi on Friday for the murder of a police officer, draping a hood over his head and firing three bullets into his heart. The choice to die by firing squad – rather than lethal injection or the electric chair – was Mahdi’s own, his attorney said last month: “Faced with barbaric and inhumane choices, Mikal Mahdi has chosen the lesser of three evils.” If it proceeds, Mahdi’s execution would be the latest in a recent string of events that have put the spotlight on the firing squad as a handful of US death penalty states explore alternatives to lethal injection, by far the nation’s dominant execution method.

Arizona | The cruelty of isolation: There’s nothing ‘humane’ about how we treat the condemned

On March 19, I served as a witness to the execution of a man named Aaron Gunches, Arizona’s first since 2022. During his time on death row, he begged for death and was ultimately granted what is likely more appropriately described as an emotionless state-assisted suicide. This experience has profoundly impacted me, leading to deep reflection on the nature of death, humanity, and the role we play in our final moments. When someone is in the end stages of life, we talk about hospice care, comfort, care, easing suffering and humane death. We strive for a “good death” — a peaceful transition. I’ve seen good ones, and I’ve seen bad, unplanned ones. 

I spent 16 years in solitary in South Carolina. This is what it did to me. | Opinion

South Carolinian Randy Poindexter writes about the effects 16 years of solitary confinement had on him ahead of South Carolina’s planned execution of Mikal Mahdi , who spent months in solitary as a young man. For 16 years, I lived in a concrete cell. Twenty-three hours a day, every day, for more than 3,000 days, South Carolina kept me in solitary confinement. I was a young man before I was sent to solitary — angry, untreated and unwell. I made mistakes. But I wasn’t sentenced to madness. That’s what solitary did to me. My mental health worsened with each passing day. At first, paranoia and depression set in. Then, hallucinations and self-mutilation. I talked to people who weren’t there. I cut myself to feel something besides despair. I could do nothing as four of my friends and fellow prisoners took their own lives rather than endure another day of torturous isolation.

Execution date set for prisoner transferred to Oklahoma to face death penalty

An inmate who was transferred to Oklahoma last month to face the death penalty now has an execution date. George John Hanson, also known as John Fitzgerald Hanson, is scheduled to die on June 12 for the 1999 murder of 77-year-old Mary Bowles.  The Oklahoma Court of Criminal Appeals on Tuesday set the execution date. The state’s Pardon and Parole Board has a tentative date of May 7 for Hanson’s clemency hearing, executive director Tom Bates said.