Skip to main content

USA | With more support than ever for innocence claim, Richard Glossip prepped for round 2 at SCOTUS on Oct. 9

Convincing a Republican attorney general to advocate against a death sentence is a near impossible feat, but Supreme Court roadblocks could force Oklahoma to execute a man in a conviction it doesn’t accept.

WASHINGTON (CN) — The Supreme Court handed Richard Glossip one loss in 2015 — and if not for a corrections department blunder, he’d be dead. Almost a decade later, Glossip returns to the high court a second time, bringing the justices mountains of support for another trial and hoping a procedural hurdle doesn’t end his case for innocence before it can begin.

Even though the Oklahoma attorney general admitted prosecutorial misconduct tainted Glossip’s conviction and advocated against his execution, a state court refused to grant a new trial to review his innocence claim. Glossip and Oklahoma want the Supreme Court to overturn the ruling, but it’s possible the justices will decide they can’t intervene in his case.

“What most Americans would want is for the courts to look at the evidence and if he's innocent, free him. If he received an unreliable trial and might be innocent, give him a new trial,” Robert Dunham, the director at the Death Penalty Policy Project and special counsel at Phillips Black, said in an interview.

“They don't want courts inventing procedural rules that say, we don't care if he's innocent, we're more interested in Byzantine legal procedures that could stop us from ever looking at his case.”

The Oklahoma Court of Criminal Appeals — where the challenged ruling stems from — is the state’s highest court of criminal jurisdiction. Since the Supreme Court only reviews federal questions, the justices need to know if the criminal court’s ruling was based solely on state law, putting it outside the Supreme Court’s jurisdiction.

Justin Sneed pleaded guilty to murdering hotel owner Barry Van Treese in 1996 but avoided the death penalty by testifying that Glossip — who was the hotel’s manager — hired Sneed to murder Van Treese.

Glossip’s conviction hinged on Sneed, without him there’s no direct link between Glossip and Van Treese’s murder.

When Don Knight joined Glossip’s legal team in 2015, he began poking holes in Sneed’s testimony. Knight said the theory was that Glossip had money that Van Treese picked up, but Glossip wanted to keep the money so he ordered Sneed to murder Van Treese so the two of them could split the funds.

“I think anybody looking at that would say, well, why didn't he just take all the money if he wanted to,” Knight said in an interview. “He could have skipped the murder part and had twice the money.”

Knight later found out that Sneed was a habitual methamphetamine user and needed drug money. He also discovered that the police fed information to Sneed about Glossip’s involvement. Knight said the problems with Glossip’s conviction stretched from hidden evidence to prosecutorial misconduct.

Glossip’s trial attorney never presented the information Knight found to a jury.

As more evidence emerged, more people became interested in Glossip’s case. Oklahoma state Representative Justin J. Humphrey called Knight at the behest of one of his constituents. A Republican, Humphrey was skeptical but saw some immediate red flags.

“[Knight] mentioned the guy's attorney, and I actually knew this attorney, and I was like, you know what, if that guy had that attorney and that prosecutor, he is lucky he didn't get hung on the courthouse lawn,” Humphrey said in an interview. “And I said, just because I know he didn't get much of a defense, I'll look at the case.”

Humphrey and other lawmakers discovered that one of the detectives on Glossip’s case was instructed by prosecutors to destroy evidence. Lawmakers’ investigation through the law firm Reed Smith uncovered a letter from prosecutors to a witness, asking him to change his testimony to line up with the medical examiner’s findings.

“We have destroying evidence. We have witness tampering. We have perjury, supporting perjury. We have withholding evidence,” Humphrey said. “Any one of those by themselves, you would think would be sufficient for a new trial.”

Then Oklahoma Attorney General Gentner Drummond uncovered boxes of never-before-seen evidence. He commissioned his own independent investigation led by former District Attorney Rex Duncan.

In a report, Duncan said, “the cumulative effect of errors, omissions, lost evidence, and possible misconduct cannot be underestimated.” The investigation found that Glossip was deprived of a fair trial and that a new trial was necessary to restore integrity to the process.

Drummond said the state could no longer support Glossip’s conviction and let his request for a new trial go unopposed. The Oklahoma Court of Criminal Appeals rejected the petition.

At the Supreme Court, Glossip’s attorneys argue that prosecutors ignored Glossip’s rights enshrined in Brady v. Maryland and Napue v. Illinois.

In the boxes of evidence uncovered by Drummond, attorneys found notes from trial prosecutor Connie Smothermon. The notes show Smothermon knew Sneed had been diagnosed with bipolar disorder and prescribed lithium but never disclosed that information to Glossip’s defense team.

Sneed testified that he was on medication for a cold.

“That was the information that went to the jury because the defense lawyers did not have those notes and did not have access to this diagnosis,” Knight said. “They couldn't properly cross-examine Sneed on that lie. Furthermore, Smothermon knew his testimony to be a lie, and she went ahead and let it go anyway.”

Glossip’s attorneys say Smothermon violated Brady by not turning over impeachable evidence to the defense and Napue by knowingly using false testimony. Knight said the state criminal court ruling on the Oklahoma Post Conviction Procedure Act was derived from its misunderstanding and misapplication of those federal constitutional privileges, giving the Supreme Court jurisdiction to review the appeal.

“The attorney general of the state of Oklahoma has said this man did not receive a fair trial,” Knight said. “It's one thing for the Supreme Court to say well if a person got a fair trial, we can't be second-guessing everybody about the evidence that was presented. If the process was good, we have to uphold the conviction. In this case, let's not even go to the evidence, the process was foul. The attorney general has said this doesn't work.”

Oklahoma will argue in favor of Glossip at the Supreme Court. The state said the criminal court ruling incorrectly dismissed Glossip’s claims by suggesting he knew prosecutors were withholding evidence and that Sneed’s testimony wasn’t false because he was in denial of his mental health disorders.

Critically, Oklahoma said the court didn’t give weight to the state’s confession of error.

“The net result was a decision ordering the state to move forward with an execution that all parties agree was the product of serious constitutional violations and prosecutorial misconduct,” Oklahoma said in its brief to the Supreme Court. “That decision cannot stand.”

An amicus was appointed to argue against Glossip since the state wouldn’t. The court chose Christopher Michel, an attorney with Quinn Emanuel who previously clerked with Chief Justice John Roberts and Justice Brett Kavanaugh.

Michel undercuts Smothermon’s notes cited by Glossip and Oklahoma, stating that the reference to Oklahoma County jail psychiatrist Lawrence Trombka is far from a definitive statement of what prosecutors knew about Sneed’s mental diagnosis and not enough to overturn the conviction.

“Nothing in the Constitution compels a state court to provide a particular measure of deference to a state official’s confession of error,” Michel wrote. “And in any event, the OCCA here considered the substance of the confession but reached a different conclusion based on its reading of the ‘law’ and ‘fact[s].’”   

Glossip was prosecuted in Oklahoma County, which is tied for the second-most death row exonerations of any county in the U.S. Six of the state’s 11 death row exonerations came from the county.

Humphrey, a former law enforcement officer, called for an execution moratorium because of the conduct in Glossip’s case.

“Have I changed my views on the death penalty? No, but have I changed my views on the people that we have in place to carry out these huge, huge responsibilities? Absolutely,” Humphrey said.

The moratorium was passed out of committee but couldn’t get a hearing on the floor.

“I can tell you that my district will be a pro-death penalty district, and I'm willing to sit down and have this conversation,” Humphrey said. “And what I don't understand is why anybody that looks at what's being done wouldn't. I think any reasonable person seeing what I've seen and seeing the problems in our court system ought to be willing to say, hey, let's, let's look at how we fix these problems.”

In the two decades Glossip has been challenging his conviction, he has faced nine execution orders and three last meals. The Supreme Court stayed his execution in May 2023 to hear this case.

The court will hear arguments in Glossip v. Oklahoma on Oct. 9.

Source: courthousenews.com, Kelsey Reichmann, October 3, 2024

_____________________________________________________________________








"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)

Saudi Arabia executes two Bangladeshis over 'immoral act' inside mosque

Saudi Arabia has carried out the death penalty on two Bangladeshi nationals in Mecca. The country's Interior Ministry announced this in a statement on Wednesday. According to the report, they were sentenced over allegations of involvement in immoral acts inside a mosque in Mecca. The information was reported by Ajel News, citing the Saudi Interior Ministry's statement. The two Bangladeshis executed were a man and a woman, Nazrul Islam Abdul Basir and Sithi Akhter. The “immoral acts” referred to illicit heterosexual intercourse, not homosexual activity.

Florida | William Reaves set to be executed on Oct. 20 at 6 p.m.

With his execution date looming, convicted killer William Reaves will soon be moved from Raiford's Union Correctional Institution to a death watch cell in nearby Florida State Prison, a maximum-security complex also known as "The Rock." Reaves, 77, a former Gifford resident in Indian River County who’s been on death row for 38 years, is scheduled to die by lethal injection on Oct. 20 at 6 p.m. His execution will fulfill a sentence of death imposed for the 1986 fatal shooting of Indian River County Sheriff’s Cpl. Richard “Raz” Raczkoski outside a Zippy Mart store on State Road 60 west of Vero Beach.

Florida | Former firefighter, police officer sentenced to death in Fort Pierce killing

Otto Lenke, a Sebastian resident and former Indian River County firefighter/paramedic, as well as a former Melbourne police officer, was convicted in May 2026 of first-degree murder with a firearm and first-degree arson for the February 2021 killing of Richard Benson, owner of Fast Frank’s Cycle Concepts in Fort Pierce. SEBASTIAN—A Nineteen Judicial Circuit judge on Tuesday sentenced former Indian River County firefighter and Melbourne police officer Otto Lenke of Sebastian to death for the 2021 killing of a Fort Pierce motorcycle shop owner.

Saudi Arabia executes woman, 'terrorists', 'indecent' couple, and juvenile offenders

Saudi Arabia carried out a series of executions in mid-October, including that of a woman convicted of killing her mother and attempting to kill her sister, alongside five men in the Eastern Province. Official statements described the five as terrorists; human rights groups described them as political prisoners sentenced under discretionary (ta’zir) penalties, one of whom was a child at the time of the alleged acts. The cases illustrate the kingdom’s continued use of the death penalty under Sharia, its stated commitment to public order and justice, and criticism from human rights organizations over the scope of capital punishment.

Saudi Arabia executes five on terrorism charges

DUBAI — Saudi Arabia executed five people Saturday on terrorism charges, the ministry of interior said, bringing the total number of death sentences carried out this year to 188, according to an AFP tally based on official statements. The five Saudi nationals were convicted of “joining a foreign terrorist organization," opening fire on security forces and “providing support” for “terrorist operations inside the kingdom." Their executions were carried out in the Eastern Province, home to most of Saudi Arabia’s Shia Muslim minority, which has long complained of marginalization in the Sunni-majority country.

Indiana Parole Board hears testimony on clemency for man scheduled for Nov. 5 execution

Jeffrey Weisheit set his house on fire in 2010, killing his girlfriend’s two young children he was watching.  The Indiana Parole Board will now make a recommendation in the coming days to Governor Mike Braun on whether to grant clemency to condemned killer Jeffrey Weisheit.  Jeffrey is scheduled to be executed by lethal injection on Nov. 5 for the 2010 murder of his girlfriend's 2 children in Vanderburgh County. 

Christa Pike's Survival Wasn't a Miracle. That's What Should Scare Us.

What happened in Tennessee's execution chamber is one of the most common failures in medicine Christa Pike is awake. A week after Tennessee strapped her to a gurney and gave her two doses of pentobarbital , she is off the ventilator and speaking from a hospital bed, still shackled to it. Her lawyers call her recovery " medically unprecedented. " Legal scholars say she is the first person in American history to survive a lethal injection after the drug was actually given. I understand the impulse to make such claims. I consulted for Pike's legal team, but I have also spent three decades in operating rooms and intensive care units (ICUs), and I want to resist the word "unprecedented" and the word "miracle" that hovers just behind it.

Saudi Arabia | Execution caught on video

Public execution in Saudi Arabia (file photo) A Saudi newspaper has carried a film showing the beheading of a man convicted of raping a teenaged boy before murdering him in the heart of the desert. The rare and shocking 51-second film showed the executioner bringing down his sword on the defendant’s head, which was severed in just a split of second. The executioner, a tall man wearing traditional Saudi dishdasha (gown) and ghutra (head cover), then wiped blood off his sword with a piece of cloth after the beheading before walking away from the rapist’s headless body. Sharq newspaper, which published the film, did not say how it was shot as filming of executions in the conservative Gulf kingdom is banned. Newspapers said the unnamed defendant had been convicted of abducting the Saudi boy to a desolate desert area and raping him. He then forced him to lie on the sand and crushed him with his four-wheel car. Warning: Graphic Content ✔ RELATED VIDEO...

Florida executes William Reaves

Florida puts 77-year-old man to death for a deputy's killing in its 18th execution this year  Florida carried out its 18th execution of the year on Tuesday under Republican Gov. Ron DeSantis ’ aggressive use of the death penalty in his final term.  William Reaves, 77, was pronounced dead at 6:12 p.m. following a 3-drug injection at Florida State Prison near Starke. He was convicted of first-degree murder in the 1986 shooting death of Indian River County Deputy Richard Raczkowski. 

Christa Pike: 4 Major Questions As She Returns to Death Row

As Christa Pike returns to death row after surviving Tennessee’s attempt to execute her, several questions remain about her case and what comes next.  Pike, 50, was discharged from hospital and moved back to the Debra K. Johnson Rehabilitation Center, the women’s prison where she was housed for 30 years, her attorneys said on Saturday.  She was hospitalized after surviving 2 doses of the lethal drug pentobarbital as Tennessee attempted to execute her on September 30. Pike was sentenced to death for the 1995 murder of 19-year-old Colleen Slemmer, her classmate at a Job Corps training program in Knoxville, Tennessee. Pike was 18 at the time.