Skip to main content

The Price of Silence: How Withheld Evidence Decimated the Glossip Prosecution

Barry Van Treese's Best Budget Inn in Oklahoma City
The upcoming retrial of Richard Glossip, now scheduled for September 28, 2026, marks a pivotal moment in the Oklahoma judicial system. Following the U.S. Supreme Court’s decision to vacate his conviction, the case has evolved from a capital punishment dispute into a fundamental test of institutional integrity.

Central to this transition is the revelation of "Box 8," a trove of long-withheld prosecution records that exposed a systemic pattern of constitutional violations during the original 2004 proceedings.

For nearly two decades, the prosecution maintained that it had disclosed all discovery materials to the defense. The eventual uncovering of Box 8—which remained concealed within the Attorney General’s files long after the trial’s conclusion—revealed a far different reality. The box contained internal documentation proving that the state knowingly allowed its star witness, Justin Sneed, to provide false testimony to the jury.

Crucially, handwritten notes authored by prosecutor Connie Smothermon documented that Sneed had explicitly informed the state that he was taking lithium, a psychiatric medication, at the time of the 1997 murder. Sneed testified at trial that he was not on psychiatric medication and had briefly taken lithium (for a cold) with no psychiatrist involvement. Smothermon’s notes and other records showed Sneed told prosecutors he was on lithium prescribed by a psychiatrist for bipolar disorder. Medical records confirmed the bipolar diagnosis and lithium treatment.

Under the precedent set by Napue v. Illinois, the state is constitutionally required to correct testimony it knows to be false. By failing to do so, the prosecution denied the jury the ability to accurately assess Sneed’s credibility, effectively poisoning the trial’s verdict.

Beyond the specific medical discrepancy, the notes contained in Box 8 detailed ongoing meetings between prosecutors and Sneed’s defense attorney. These internal files captured the prosecution discussing "problems" with Sneed’s narrative and indicated that the state was actively managing his testimony to ensure it aligned with their desired theory of the case.
The outcome of this retrial will depend entirely on whether the prosecution can salvage a case built on a foundation the Supreme Court has already deemed constitutionally infirm.
Earlier disclosures (from other boxes) included notes from Smothermon to Sneed’s attorney about issues with Sneed’s story, particularly the murder weapon/knife (inconsistencies between Sneed’s statements, forensic evidence of lacerations, and the bat used to kill the victim). Prosecutors discussed aligning or addressing testimony. This supported claims of managing the witness.

Justin Sneed, the admitted killer in the murder of Barry Van Treese, entered a plea agreement with Oklahoma prosecutors around May 26, 1998, pleading guilty to first-degree murder in exchange for a sentence of life without parole instead of the death penalty. In return, he agreed to testify against Richard Glossip, whom he accused of hiring him for $10,000 to commit the murder. 

Richard Glossip
This deal followed Sneed’s initial confession to the brutal baseball-bat killing and came after prosecutors first offered (and Glossip rejected) a similar arrangement to flip on Sneed. The agreement made Sneed the state’s primary witness at Glossip’s trials, despite evolving statements, mental health issues later revealed in withheld “Box 8” evidence, and criticisms that it gave him a strong incentive to implicate Glossip.

Sneed continues to serve life without parole and has not recanted his core testimony, although he wrote letters to his attorney around 2003 in which he asked about the possibility of “recanting” his testimony. The “recantation” discussions were real and were part of the withheld evidence that contributed to the Supreme Court’s decision, but they did not result in Sneed actually reversing his testimony.

Attorney General Gentner Drummond’s subsequent "confession of error" represents a rare, institutional admission that the state could no longer defend the integrity of the original conviction. By explicitly removing the death penalty from the table for the retrial, the Attorney General’s office is attempting to pivot from a pursuit of capital punishment to a strict adherence to the constitutional requirements of Brady and Napue.

For the proceedings this September, the evidentiary landscape has shifted decisively. With Sneed’s testimony thoroughly discredited and the state’s internal management of the witness exposed, the prosecution faces significant hurdles. 

The defense team is expected to leverage these disclosures to aggressively challenge the state’s narrative, potentially leading to an acquittal or a hung jury. This retrial serves not only as a determination of Glossip’s involvement in the 1997 killing but also as a necessary, if delayed, public accounting of the procedural misconduct that marred the initial trial. 

The outcome will depend entirely on whether the prosecution can salvage a case built on a foundation the Supreme Court has already deemed constitutionally infirm.

Source: DPN, Staff; News outlets, X, AI, June 24, 2026




"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."
— Oscar Wilde
Globe
Death Penalty News For a World without the Death Penalty

Comments

Most viewed (Last 7 days)

Israel builds execution chamber for Palestinians convicted of murder

In March, the Knesset approved legislation that calls for the execution of Palestinians convicted by a military court of killing Israelis Israeli authorities are preparing a prison wing—replete with an execution chamber—designated specifically for Palestinian prisoners convicted of murder, Israel’s i24NEWS channel reported Tuesday. The move comes after the Knesset (Israel’s parliament) approved legislation in March that calls for the execution of Palestinian prisoners convicted by a military court of murdering Israelis.

Florida executes William Frances Silvia

Florida executed its 13th death row prisoner of the year Tuesday evening amid the state’s aggressive use of the death penalty championed by Governor Ron DeSantis. William Frances Silvia, 61, who was convicted of fatally shooting his estranged wife and injuring his mother-in-law in 2006, was pronounced dead at 6:11 p.m. after receiving the lethal three-drug injection at Florida State Prison.  At 6 p.m. Tuesday, Silvia was already strapped to a gurney with an IV in his arm when the curtain to the death chamber went up.  He remained relatively motionless with his eyes and mouth open throughout most of the execution while a priest sat at his feet and prayed.

Alabama executes Jeremy Williams

Tennessee and Oklahoma have put inmates to death within 30 minutes of each other, and Alabama followed suit hours later as U.S. states executed three men in one day. Tennessee and Oklahoma put inmates to death within 30 minutes of each other Thursday, and Alabama followed suit hours later as U.S. states executed three men by lethal injection in one day for the first time since 2010. The Tennessee man was executed for killing a maid at a motel in 1985, and the Oklahoma man for killing his girlfriend in 2003. In Alabama, a man was put to death Thursday evening for killing a 5-year-old girl he had paid her mother to abuse.

Tennessee | The doctor who helps put prisoners to death

Dr. Mark Fowler assisted in the failed execution of a Tennessee prisoner. Physicians are meant to heal patients—why is he working in the death chamber? Mark Fowler, a physician with 25 years’ experience, stepped beneath the bright lights and approached the middle-aged man lying on a gurney. Around him, people in medical gowns prepared needles and sterile tubing. It had all the appearances of a hospital setting. Fowler had been called in to help establish an IV line through which the 57-year-old man, Tony Carruthers, would be injected with pharmaceutical drugs. The team had struggled to find a vein, so Fowler was summoned to set a central line—an intravenous catheter inserted into the major vein below the collarbone.

Spared execution eight times, oldest inmate in US dies at 101 after 76 years behind bars

Francis Clifford Smith was given his last meal eight times. But after being spared execution each time, he went on to be regarded as the longest-serving prisoner in the US before dying in June at 101 years old. Convicted of murder in 1950 when he was 25, he always maintained his innocence, those who knew him told the BBC. Andrius Banevicius, the public information officer for Connecticut's Department of Correction, recounted how Smith used to feed the birds while in Osborn Prison, earning him the nickname The Birdman of Osborn.

Cartoons about Capital Punishment

  More cartoons about capital punishment HERE

Alabama is trying a death penalty bait-and-switch

For a decade, Alabama death row inmate Jeffrey Lee has been clear that he does not want to be executed by lethal injection . But that is what awaits him on September 17 . He faces that prospect because the state has been enjoined from using nitrogen hypoxia , the alternative execution method he preferred, to put him to death. Having failed to show that its nitrogen hypoxia protocol is constitutionally acceptable, Alabama wants a do-over to force Lee to die by lethal injection as a result of its own failure. It should not get one. Alabama should only be able to put Lee to death if it can fix nitrogen hypoxia’s constitutional defects.

Oklahoma executes Carlos Cuesta-Rodriguez

Oklahoma has carried out 1 of 3 executions set for the same day in the United States in another sign of the resurgence of the death penalty in the country.  Carlos Cuesta-Rodriguez was pronounced dead at 10:13 a.m. on Thursday, Aug. 13, at the Oklahoma State Penitentiary in McAlester.  He was put to death by lethal injection for the murder of his common-law wife in 2003 at their Oklahoma City home. He admitted to police he shot her twice during an argument.  Cuesta-Rodriguez, 70, did not fight for his life, stunning his attorneys in July when he told the Oklahoma Pardon and Parole Board that he didn't want clemency. "It's time for me to pay for what I did," he said. 

Tennessee executes Darrell Hines

The state has spent millions of dollars over decades to execute a seriously ill man who was already incarcerated. The state of Tennessee executed death row inmate Darrell Hines Thursday morning, according to an advocacy group.  No formal announcement of the execution has been issued by state leaders yet. The execution was slated for 10 a.m. Thursday at Riverbend Maximum Security Institution in Nashville. [DPN update] Hines was pronounced dead at 10:43 a.m. CDT. His last meal was fried chicken, mashed potatoes and gravy, coleslaw, corn, fries, biscuits, a chicken sandwich, chocolate chip cake, and sweet tea.

The 'Black Widow' shakes Iran: 10 death sentences for a serial killer who killed 12 men

Kolthum Akbari, an Iranian woman widely dubbed the “Black Widow,” was convicted of serial murders of elderly men she married, often temporarily. Official accounts generally center on 11 murders (plus one attempted murder), though Akbari herself gave varying figures and investigations suggested she had many more marriages.  The sentencing occurred primarily in September 2025 in Mazandaran Province, with ongoing reporting and updates into 2026. The 56- to 59-year-old killer confessed to killing at least 11 elderly men after temporarily or officially marrying them; Iranian authorities have linked her to additional marriages and possible further victims.