Skip to main content

What’s next for former Oklahoma death row inmate Richard Glossip after the Supreme Court ordered he receive a new trial

After nearly three decades maintaining his innocence on Oklahoma’s death row, Richard Glossip this week now has the opportunity to win his freedom after the US Supreme Court ordered he receive a new trial, finding prosecutors failed to correct false testimony that may have influenced his jury.

The question now? Whether Oklahoma prosecutors want to retry the case at all.

Since Glossip’s 1998 conviction as the alleged orchestrator of a murder-for-hire scheme targeting his boss, Oklahoma City motel owner Barry Van Treese, a raft of issues with his prosecution has surfaced, coinciding with a shift of political winds now at the inmate’s back.

Aside from his attorneys, the fight to spare Glossip’s life has been largely helmed by pro-death penalty Republicans, most notably Oklahoma Attorney General Gentner Drummond: He and others have said it’s important Oklahomans have faith the death penalty is fairly administrated, and that Glossip’s execution would erode trust in the state’s justice system, given the questions surrounding his case.

“I have long maintained that I do not believe Mr. Glossip is innocent, but it is now an undeniable fact that he did not receive a fair trial,” Drummond said in a statement Tuesday.

Drummond and Oklahoma County District Attorney Vicki Behenna – the former director of the Oklahoma Innocence Project – must now decide whether to prosecute Glossip again. That would be “difficult,” Drummond told reporters, and their choice will rest on a review of the evidence and witnesses still available more than 30 years after Van Treese’s murder.

“She and I will collaborate together with our staffs,” he said, “and we will review the evidence with fresh eyes and interview those witnesses that would be available to us to make a determination whether we should proceed seeking again the death penalty, whether we should proceed seeking life without the opportunity for parole, or if we should proceed with a lesser charged crime.”

Re-prosecuting old cases can be challenging, because witnesses’ memories fade and physical evidence may decay or be lost altogether with the passage of time.

But in a retrial of Glossip’s case, prosecutors would have to contend with another issue: The Supreme Court’s ruling and other revelations have undermined the credibility of the prosecution’s star witness: Van Treese’s actual killer, Justin Sneed, who got a life sentence in exchange for a guilty plea and for testifying against Glossip.

The Supreme Court’s ruling Tuesday stemmed directly from Sneed’s testimony, the sole evidence linking Glossip, the motel’s manager, to the killing. The majority found prosecutors had not corrected false testimony Sneed provided at trial; had they, his credibility would have suffered, undercutting his testimony – the lodestar of the prosecution’s case.

While Drummond left the door open to all possibilities at Wednesday’s news conference, he also appeared to signal that – however prosecutors move forward – they may have little appetite for pursuing a capital sentence.

“I believe that under today’s standard, very few prosecutors would seek a death penalty,” he said, reiterating he does not believe Glossip is innocent. By the inmate’s own admission, Drummond said, he would be guilty of accessory to murder after the fact, for initially lying to police about having knowledge of Van Treese’s killing.

Robin Maher, the executive director of the Death Penalty Information Center, called the Supreme Court ruling a “valuable opportunity” for state prosecutors “to fulfill their ethical and professional duties to ‘seek justice’ and not merely pursue another conviction.”

“In light of all the compelling evidence of Mr. Glossip’s innocence,” she told CNN, “I think it would be very difficult to justify another capital prosecution.”

In the meantime, Glossip remains in prison. On Tuesday, Drummond requested the inmate be moved off death row, but he asked the state Department of Corrections maintain custody of Glossip until there is a decision about whether to retry him.

The murder of Barry Van Treese


Glossip’s case dates to January 7, 1997, when Van Treese, a 54-year-old father of seven, was beaten to death at his motel by Sneed, then 19, court records state. At the time, Sneed was staying at the motel while doing maintenance work in exchange for a room.

Glossip, after initially denying knowledge of the killing, eventually admitted Sneed had told him about killing Van Treese. He said he had feared telling the truth because failing to notify police immediately might mean he was “already involved in it.”

Glossip was at first charged with accessory after the fact. But Sneed implicated Glossip, saying he asked Sneed to kill Van Treese so he could run the motel himself. His charge was upgraded to capital murder, and when Glossip refused a deal for a life sentence, insisting on his innocence, prosecutors offered Sneed the same deal. At trial, they cast Glossip as the engineer of the murder-for-hire plot.

Glossip was convicted and sentenced to death in 1998, but that initial outcome was overturned on appeal due to ineffective counsel. He was retried again in 2004, and he was once again convicted and sentenced to die.

Years later, however – after two independent investigations cast serious doubt on Glossip’s conviction – the state disclosed evidence that Sneed told prosecutors he was under the care of a jail psychiatrist who had diagnosed him with bipolar disorder and prescribed him lithium.

But when Sneed claimed at trial he had never seen a psychiatrist and the lithium was prescribed after he asked for cold medicine, prosecutors did not correct him. Doing so would have undermined his credibility, Justice Sonia Sotomayor wrote for the majority.

“Besides Sneed,” Sotomayor wrote, “no other witness and no physical evidence established that Glossip orchestrated Van Treese’s murder.”

Doubt undercuts key testimony


The court’s ruling would further undercut Sneed’s testimony if he took the stand in a retrial, although it’s unclear if he would.

One of the independent reviews, conducted by law firm Reed Smith at the Oklahoma legislature’s request, uncovered statements Sneed made indicating he might want to recant his testimony. In 2007, he wrote to his attorney, “There are a lot of things right now that are eating at me,” and, “I think you know were (sic) I’m going it was a mistake.”




CNN was unsuccessful in its attempts to reach Sneed for comment through the Oklahoma County Public Defender’s Office, which represented him at trial. He remains in prison.

Plus, many of the revelations in recent years would be admissible in a retrial, including the withholding and destruction of evidence and Sneed’s letter, according to Robert Dunham, special counsel at Phillips Black, a nonprofit law firm that specializes in post-conviction legal representation (the firm is involved in Glossip’s case, but Dunham is not, he said).

“This would be a very difficult case to retry, but not for the traditional reasons – not because memories fade and evidence gets lost,” Dunham said. “They’ve already destroyed the evidence, and the case depends on the memory of one person who has already given multiple contradictory statements.”

All of these factors would “hang over Sneed’s testimony,” he said, and “everything hinges on him.”

“Sneed’s testimony is the ballgame,” Dunham added.

In similar cases, he said, prosecutors have had three options: First, they might offer a defendant a life sentence – but Glossip rejected that offer twice, Dunham said. Second, prosecutors might offer a plea deal for time served, which would allow the state to avoid the embarrassment of admitting Glossip is innocent, while he would secure his freedom.

Or they could go to trial, Dunham said. But in doing so, prosecutors would risk “the kind of withering cross-examination they avoided when they fabricated testimony and destroyed exculpatory evidence.”

Van Treese’s family is opposed to lesser charge


Were prosecutors to pursue a lesser charge, Drummond indicated Tuesday it might not result in Glossip’s immediate release.

“I believe a lesser crime would be a 35-year-plus sentence,” he said. “(Glossip has) only been in prison 28 years.”

Van Treese’s family is opposed to a plea deal, his son said this week, and they are confident Glossip would be convicted of his murder again.

“While it may be difficult to start fresh on a 28 year old case, I urge the Attorney General and the Oklahoma County District Attorney’s office to demonstrate the same perseverance that our family has shown throughout this process,” Derek Van Treese said in a written statement. “We pray that they exhibit the fortitude to take politics out of the equation and process this case as the death penalty case it is, and not take the easy road of a lesser charge.”

Asked Tuesday about his confidence that Glossip would be found not guilty in a new trial, Don Knight, his attorney, told CNN’s Jake Tapper it was difficult to know how a jury would respond.

“I can only tell you that, since 1997, a lot has happened, and the prosecution’s case over the years has not gotten better,” he said. “We certainly feel better about the chances that we would have if the case went to a jury trial, and at this point in time, it’s just too soon to say whether that will actually happen.”

There is hope among Glossip’s advocates that Drummond and Behenna will avoid a new prosecution.

“They have to make a decision there: Are we going to bring this to trial again? Look how old the case is,” said Sister Helen Prejean, the prominent anti-death penalty activist and author of “Dead Man Walking,” who has been Glossip’s spiritual adviser for a decade now.

“Hopefully what’s going to happen is that they’ll simply give him time served and set him free and not do the new trial,” she told CNN. “That’s what we’re hoping for.”

Source: CNN, Dakin Andone, February 28, 2025




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


Comments

Most viewed (Last 7 days)

Tennessee Woman Christa Pike Survives Lethal Injection, Ends Up in Hospital; Governor Halts Executions

Tennessee unable to carry out the execution by lethal injection of Christa Gail Pike Tennessee officials were unable to put Christa Gail Pike to death for a 1995 murder Wednesday, media witnesses said, after the lethal injection was halted for hours as courts considered a last-minute appeal of what would have been the state's 1st execution of a woman in at least 200 years.  Pike, 50, had been scheduled for execution for a killing she committed at age 18 after the U.S. Supreme Court overturned an appeals court ruling that stopped the lethal injection just an hour before it was to start. Officials then attempted to go ahead with it as planned. 

Florida | He executed death row prisoners. Then they came back to haunt him

Dunnellon, Florida—Every night, one of the men Ron McAndrew killed would sit at the foot of his bed and stare, blankly, into his tortured soul. He knew they were coming. He’d shift over in his sheets to make room. “They never said anything,” McAndrew recalls, his aged voice straining from the weight of the memory. “They just sat there and looked at me.” But their eyes would talk. They would ask, "How could you do such a thing?’” says McAndrew. “You always claimed to be a good person. And now you’re killing people.”

Tennessee | Governor permits Christa Pike execution: 'I am upholding the sentence'

Gov. Bill Lee does not plan to stop Christa Pike's execution. Pike, 50, is scheduled to be killed by lethal injection 10 a.m. Sept. 30 at Riverbend Maximum Security Institution in Nashville. “After deliberate consideration of Christa Gail Pike’s request for clemency, and after a thorough review of the case, I am upholding the sentence of the State of Tennessee and do not plan to intervene," Lee said in a statement released Sept. 28. Pike's attorneys lamented the news.

Tennessee Supreme Court denies stay for death row inmate Christa Pike

(TNND) — As Tennessee prepares for a Sept. 30 execution, the Tennessee Supreme Court has denied death row inmate Christa Gail Pike’s request to stop it. The court rejected Pike’s challenge to the state’s lethal-injection protocol, finding that her thrombocytosis diagnosis, a condition involving elevated blood platelets, did not show the execution would violate the Eighth Amendment ban on cruel and unusual punishment.

Florida executes Curtis Beasley

A 77-year-old man convicted of killing a woman with a hammer has become the 16th person executed this year in Florida  A 77-year-old Florida man was put to death Tuesday for his conviction in a deadly hammer attack on a woman decades ago, becoming the 16th person executed to date this year in the nation’s busiest death chamber.  Curtis Wilkie Beasley was pronounced dead at 6:12 p.m. following a lethal injection at Florida State Prison near Starke. He was convicted of 1st-degree murder, robbery, and grand theft auto in the 1995 hammer attack on Carolyn Monfort at her home south of Orlando. 

William Thompson Faces Execution in Florida Amid Dementia, Terminal Illness Concerns

Florida Governor Ron DeSantis signed an exe­cu­tion war­rant for 74-year-old pris­on­er William ​“Bill” Thompson less than 24 hours after he was released from the hos­pi­tal to the hos­pice wing of the prison. After his attor­neys raised seri­ous con­cerns about his men­tal com­pe­ten­cy and dete­ri­o­rat­ing phys­i­cal health, Gov. DeSantis agreed to tem­porar­i­ly stay the exe­cu­tion so Mr. Thompson’s com­pe­ten­cy can be eval­u­at­ed on October 1. If he is found com­pe­tent, his exe­cu­tion remains sched­uled for October 13.

Singapore | Ministry of Home Affairs refutes claims that death penalty was discussed during visit by Israel's security ministry

The Ministry of Home Affairs says discussions with the Israeli government involved the sharing of best practices in emergency response, crime prevention, and forensics. Issues relating to the death penalty “were never part of the meeting and were not discussed."  SINGAPORE: The Ministry of Home Affairs (MHA) on Friday (Sep 11) refuted claims by an Israeli media outlet that the death penalty was discussed during a visit by an Israeli delegation in May. The Haaretz newspaper reported on Sep 7 that a delegation comprising representatives from the Israel Prison Service and National Security Ministry made a “secret visit” to Singapore that month.

Philippines | President Marcos Grants Absolute Pardon to Mary Jane Veloso

President Marcos Confirms Decision to Grant Absolute Pardon to Mary Jane Veloso  President Ferdinand R. Marcos Jr. has signed an absolute pardon for Mary Jane Veloso after more than a decade.  On Friday (September 25, 2026), the President confirmed the decision during a visit to Guiuan, Eastern Samar.  According to him, the pardon was officially signed the previous day, marking a major development in the case.  

Indiana plans to proceed with execution after botched Tennessee attempt

Indiana prison officials plan to proceed with Jeffrey Weisheit’s Nov. 5 execution after a botched lethal injection in Tennessee prompted that state’s governor to halt executions and order an independent review. The Indiana Department of Correction said Thursday that it remains confident in its procedures despite using the same protocol as Tennessee. Agency officials offered no additional details about the training of those administering lethal injections, the role of medical personnel, or safeguards for execution drugs.

Texas executes Ker’Sean Ramey

Texas executes man for a triple killing, days after other man convicted in case was put to death  A man was executed Wednesday evening in Texas for a triple killing committed during an attempted robbery at a rural home, 1 week after the other man convicted in the case was put to death.  Ker’Sean Ramey, 41, was pronounced dead at 6:34 p.m. CDT following a lethal injection at the state penitentiary in Huntsville. He was the 6th person executed this year in Texas, with 3 more lethal injections scheduled in the state over the next 2 months.