UPDATE: The Supreme Court blocked Oklahoma from executing death row inmate Richard Glossip.
The Court granted Glossip's request for a stay of execution "pending disposition of the petitions for writs of certiorari."
Essentially, the Court will review the case. If they deny the writ, the stay of execution will end, and Oklahoma can execute Glossip.
Justice Gorsuch took no part in the consideration or decision of this application.
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Clemency is denied for Richard Glossip.
Glossip's attorneys filed for a stay of execution from the Supreme Court. Oklahoma Attorney General Gentner Drummond previously called for the conviction to be vacated.
In an Oklahoma Pardon and Parole Board hearing on April 26 his request for clemency was denied in a vote of 2-2. There has to be a majority vote. A fifth member of the board recused himself due to his wife’s involvement in one of Glossip’s trials.
The vote comes despite the attorney leading an independent investigation outlining what they called “significant material” the jury never heard: including letters from Justin Sneed asking to “recant his testimony,” Sneed’s bipolar disorder diagnosis, the state destroying evidence as well as supplying Sneed with witness testimony.
"Why would you destroy evidence in such a critical case, there’s no reason for it, it’s illegal and unjust,” said Representative J.J. Humphrey. Humphrey is one of 62 lawmakers who called on the independent investigation.
Representative Kevin McDugle has advocated for Glossip for years and says the vote is not about a man’s life, but a political game. He says it makes no sense that the board would side with the Court of Criminal Appeals when both the state and the defense agree the trials were flawed.
“They want everything rubber-stamped and everyone to agree with everything,” said Rep. McDugle. “They do not want people highlighting issues and highlighting problems and if ever there were a case where there were problems, this is it.”
Several VanTreese family members spoke stating due diligence has been done.
Glossip was the last to speak and thanked Governor Stitt, lawmakers, his wife and others for their support.
“I consider myself extremely fortunate to have had people stick their necks out because they felt like that was the right thing to do,” Glossip said. “I am not a murderer and do not deserve to die for this.”
During a weekly news conference Friday, Governor Stitt faced questions from reporters on this topic as many people have been wondering if he would step in and give Glossip a stay of execution.
He points out Glossip has had two trials, being convicted twice and been denied clemency twice. With that said, he told reporters he will stick to following the law.
“I’ve stayed his execution once or twice already so no I don’t see that," Stitt said. "We wanted to let the court system play out. Unless the courts act or there's new evidence brought before the courts, we are going to follow the law.”
Glossip is convicted of murder in the death of Barry Van Treese in 1997 and is facing the death penalty.
Glossip has survived nine execution dates and has eaten his last meal three times.
The Oklahoma Attorney General says Glossip’s conviction is unreliable, but the Oklahoma Court of Criminal Appeals recently ruled that his execution may proceed on May 18.
AG Gentner Drummond released this statement Wednesday about the decision.
“Public confidence in the death penalty requires that these cases receive the highest standard of reliability,” he said. “While the State has not questioned the integrity of previous death penalty cases, the Glossip conviction is very different. I believe it would be a grave injustice to execute an individual whose trial conviction was beset by a litany of errors.”
Drummond said he took the unprecedented step of speaking on behalf of clemency Wednesday only after an exhaustive review of the case.
“My heart truly hurts for the Van Treese family and what they have experienced over the past 26 years,” Drummond said. “It has been my privilege and honor to visit with them a number of times since my taking office. The grief and frustration they have endured is unfathomable and deeply unfortunate.”
Glossip's attorney Don Knight released this statement:
“We call on Governor Stitt to grant a reprieve of Richard Glossip’s scheduled execution on May 18, 2023 because the execution of an innocent man would be an irreversible injustice. We will pursue every avenue in the courts to stop this unlawful judicial execution. New evidence has shown that Justin Sneed, the person who committed the murder and the star witness for the prosecution, lied on the stand and wanted to recant his false testimony. If the jury had known what we know now, they never would have convicted Mr. Glossip. The national law firm Reed Smith undertook a thorough, independent review of this case and concluded that no reasonable juror who heard all the evidence, which has never been presented, would have found Mr. Glossip guilty of murder for hire. Then, an Independent Counsel appointed by Attorney General Drummond conducted another comprehensive review of Mr. Glossip’s case and documented multiple instances of error that cast serious doubt on Mr. Glossip’s conviction. AG Drummond, Oklahoma’s chief law enforcement officer, then took the extraordinary step of conceding error, citing ‘material misrepresentations’ by Mr. Sneed, and asked the court to throw out not just Mr. Glossip’s death sentence, but his entire conviction. The public support for Mr. Glossip is diverse, widespread, and growing, including at least 45 death penalty supporting Republicans in the Legislature who also reached the conclusion that there is too much doubt to execute Mr. Glossip. It would be a travesty for Oklahoma to move forward with the execution of an innocent man.”
Governor Stitt would have needed the board’s recommendation to grant clemency. There is still a petition pending with the U.S. Supreme Court that could halt his execution.
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