Oklahoma to Retry Richard Glossip for Murder After Supreme Court Overturns Death Sentence

Oklahoma plans to prosecute Richard Glossip for murder a third time, despite the U.S. Supreme Court recently overturning his death penalty conviction due to prosecutorial misconduct. The announcement came during a brief hearing on Monday, June 9, marking a significant shift in stance by the state’s Attorney General, Gentner Drummond, who had previously supported Glossip’s appeal.

State Announces Plans for New Trial

Richard Glossip appeared in an Oklahoma County courtroom on Monday for the first time in years following the Supreme Court’s February ruling. Shackled and wearing orange prison scrubs, the 62-year-old was present as prosecutors signaled their intent to pursue a new trial.

While the specific charge was not explicitly stated in court, Judge Heather Coyle noted the state indicated it would not seek the death penalty. Shortly after the hearing, Attorney General Gentner Drummond’s office released a statement confirming the decision to retry Glossip for murder, stating sufficient evidence exists for a conviction.

Drummond acknowledged that Glossip did not receive a fair trial previously but emphasized he has “never proclaimed his innocence.” He stated his office would ensure a fair process based on “hard facts, solid evidence and truthful testimony,” contrasting it with past prosecutions that allowed a key witness to potentially lie.

Shift in Attorney General Drummond’s Position

The decision to retry Glossip represents a reversal for Drummond, who had championed Glossip’s case before the Supreme Court, arguing prosecutorial misconduct had tainted the conviction. Following the high court’s decision, Drummond had publicly stated “everything is on the table” but also noted the difficulty of a retrial after so many years.

In a recent interview, Drummond reiterated his support for the state’s death penalty but highlighted problems with Glossip’s case from the outset, even stating Glossip “didn’t murder the victim.”

The Defense Reacts and Prepares

Glossip’s defense team expressed skepticism regarding the possibility of a fair trial given the case’s history. Andrea Miller, legal director of the Innocence Project at Oklahoma City University School of Law, stated bluntly to the judge, “Frankly, given the history of this case, we don’t think there can be a fair trial.”

Despite these concerns, the defense is preparing for another high-profile murder trial. Miller informed the court that renowned death penalty attorney Judy Clarke would join Glossip’s legal team.

Background: The 1997 Murder Case

Richard Glossip was twice convicted and sentenced to death for the 1997 murder of Barry Van Treese, the owner of the Best Budget Inn where Glossip worked as the live-in manager. No physical evidence ever linked Glossip directly to the killing.

The prosecution’s case relied heavily on the testimony of Justin Sneed, then a 19-year-old maintenance man at the motel. Sneed admitted to bludgeoning Van Treese to death with a baseball bat but claimed Glossip had orchestrated the murder. In exchange for his testimony against Glossip, Sneed received a sentence of life without parole, avoiding the death penalty himself.

Supreme Court Ruling Highlights Prosecutorial Misconduct

The basis for the Supreme Court’s decision to overturn Glossip’s death sentence was the contention by both Glossip’s defense and Attorney General Drummond that prosecutors in the previous trials knew Sneed had lied on the witness stand about key details but failed to correct his false testimony as constitutionally required.

Justice Sonia Sotomayor, writing for the majority, noted that Sneed’s testimony was central to the case, as “Besides Sneed, no other witness and no physical evidence established that Glossip orchestrated Van Treese’s murder.” The Court found that withholding information that could have undermined Sneed’s credibility violated Glossip’s rights and fundamentally altered the trial’s outcome.

Decades of Appeals and New Evidence

Since his initial conviction, Glossip has faced execution nine times. A particularly close call occurred in 2015 when his execution was halted moments before lethal injection due to the state having the wrong drugs on hand. This incident contributed to a moratorium on executions in Oklahoma and provided crucial time for further investigation into Glossip’s case.

The past decade has seen numerous revelations questioning the state’s case. Evidence emerged suggesting the state destroyed key evidence before Glossip’s 2004 retrial and hid information indicating Sneed had attempted to recant his testimony against Glossip.

Additionally, new witnesses have come forward to challenge the prosecution’s portrayal of Sneed as a meek individual influenced by Glossip. These witnesses described Sneed as dangerous and capable of independent violence. One witness claimed Sneed bragged in jail about setting up Glossip. Accounts also emerged suggesting Sneed frequently worked with a girlfriend, a sex worker at the motel, to rob people, implying Van Treese’s death occurred during a struggle in such an attempted robbery.

Richard Glossip, an Oklahoma inmate, pictured as he faces a potential new trial after his death penalty conviction was overturned by the Supreme Court.

Glossip’s Actions After the Murder

A complicating factor in Glossip’s case has been his behavior immediately following Van Treese’s death. Police became suspicious because Glossip initially did not immediately report information connecting Sneed to the murder.

According to Glossip, Sneed woke him early the morning after the murder, claiming he had chased off some “drunks.” Glossip said he asked about a black eye Sneed had, and Sneed flippantly replied, “I killed Barry.” Glossip claims he didn’t take Sneed seriously until later that morning when Van Treese was discovered missing. He initially delayed reporting this to the police, stating his girlfriend advised waiting.

When Glossip eventually shared this with detectives, he was initially charged as an accessory after the fact, recognizing he had not participated in the killing itself but had withheld information. This charge was escalated to capital murder only after Sneed implicated Glossip as the mastermind during a police interview that has since been scrutinized as potentially coercive.

Challenges for a Third Trial

After nearly 30 years and with the Supreme Court having found the credibility of the state’s primary witness, Justin Sneed, to be fatally compromised, pursuing a third trial presents significant challenges. Sneed, now 47 and still serving his life sentence, has reportedly changed his account multiple times over the years, making him a problematic witness for the prosecution in any new proceedings.

While the decision for a new trial would typically rest with the local district attorney, the Attorney General’s announcement made clear that the state intends to handle the prosecution.

Glossip’s Current Status

Richard Glossip was moved to the Oklahoma County Detention Center in April and is currently being held in isolation. The jail is known for challenging conditions. Glossip’s defense team requested a hearing to consider releasing him on bond while awaiting a potential new trial, which Judge Coyle scheduled.

When questioned by The Intercept about reconciling the new murder charge with his previous arguments regarding the flawed case and Sneed’s compromised credibility, the Attorney General’s office declined to comment further, citing the active status of the case.

For more information on the history of this case, explore articles on Richard Glossip’s previous trials, his numerous execution dates, and the new evidence that has emerged over the years.