CREATORS
April 8, 2025
Richard
Glossip's twisted journey through the criminal justice system is both amazing
and horrifying. Glossip, a condemned prisoner on Oklahoma's death row, was
served his last meal three different times while sitting in a cell next to the
death chamber.
On two
separate occasions, cases bearing his name made it all the way to the United
States Supreme Court. Today, Glossip is no longer on death row where he spent
the better part of 27 years. He is awaiting a new trial after his latest visit
to the Supreme Court resulted in his conviction being overturned.
Glossip
received the death sentence after being convicted for the 1997 killing of his
former boss, motel owner Barry Van Treese, in what prosecutors alleged was a
murder-for-hire scheme. Justin Sneed admitted robbing Van Treese and beating
him to death with a baseball bat but testified that Glossip promised to pay him
$10,000 for the brutal murder. Sneed was the state's key witness against
Glossip and was sentenced to life in prison.
Glossip
has always maintained his innocence and refused to accept a plea deal. He was
convicted at trial and sentenced to death. He appealed. The Oklahoma Court of
Criminal Appeals overturned his conviction indicating the case was
"extremely weak." He was tried a second time in which he was again
convicted and sentenced to death.
While on
death row he was scheduled for execution nine separate times. After a botched
execution in 2014, a group of death row inmates, including Glossip, led by my
inmate Charles Warner, challenged Oklahoma's lethal injection protocol that
consisted, in part, the drug midazolam.
Glossip
became the lead petitioner after a lurid chain of events beginning with the
group of inmates petitioning the U.S. Supreme Court on Jan. 13, 2015. Two days
later, while the court was considering the petition, Warner was executed. A
week later, the Supreme Court agreed to hear the case. The Court then stayed
the surviving petitioners' executions and adopted Glossip's name as the lead
petitioner.
Glossip v.
Gross was argued before the high court on April 29, 2015. Justice Samuel Alito
found the prisoners "failed to establish a likelihood of success on the
merits of their claim that the use of midazolam violates the Eighth
Amendment."
Glossip
stayed on death row and came precariously close to being executed on several
occasions. While he waited, an independent investigation revealed that the
prosecutors in his case deliberately destroyed key evidence, and potentially
exculpatory evidence was never made available to Glossip. Despite the new
revelations about prosecutorial misconduct, Glossip unsuccessfully sought
post-conviction relief.
Then
Glossip got his second chance before the Supreme Court. This past February,
Glossip v. Oklahoma, the high court overturned his conviction finding
"(T)he State allowed Sneed to testify falsely at Glossip's trial that he
had never seen a psychiatrist. The newly disclosed evidence confirms that the
State knew Sneed's testimony was false and did nothing to correct it."
Glossip's
odyssey is not over yet. Oklahoma Attorney General Gentner Drummond, who took
the unusual step of asking the high court for a new trial, told the Associated
Press he will request that Glossip remain in prison until prosecutors decide
whether to retry him.
Drummond,
said he plans to consult Oklahoma County District Attorney Vicki Behenna, about
whether to try Glossip again and whether to seek the death penalty, a lesser
penalty of life in prison, or pursue lesser charges, like accessory to murder
after the fact.
Behenna
has previously said she would not consider the death penalty in the case, and
Drummond recently agreed that while certain murder-for-hire cases can qualify
for the death penalty, he doesn't believe the facts in Glossip's case justify
the death penalty.
Glossip
may yet be convicted a third time. However, he has spent nearly three decades
trying to prove his innocence. He'll now get his chance.
Matthew T.
Mangino is of counsel with Luxenberg, Garbett, Kelly & George P.C. His book
The Executioner's Toll, 2010 was released by McFarland Publishing. You can
reach him at www.mattmangino.com and follow him on Twitter @MatthewTMangino.
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