OK Court of Criminal Appeals denies Glossip's appeal for new trial

By: Samson Tamijani , Jennifer Maupin

OKLAHOMA CITY, Okla. — The Oklahoma Court of Criminal Appeals denied Richard Glossip's appeal for a new trial Thursday.

Oklahoma Attorney General Gentner Drummond supported the appeal and filed a motion to vacate the conviction of death row inmate Richard Glossip two weeks ago.

He is expected to make a comment later in the day.

“The State has reached the difficult conclusion that justice requires setting aside Glossip’s conviction and remanding the case to the district court,” states the April 6 motion.

Drummond said his final decision in this matter is based on careful consideration of the law and what he deemed is in the best interests of justice.

Drummond also released the final report from independent counsel Rex Duncan amid findings from the Reed Smith Law Firm.

The investigations reveal serious errors and omissions in evidence, proposed ethics violations in people handling the case, and suggests co-defendent Justin Sneed lied to the jury about his psychiatric treatment.

Glossip has maintained his innocence for 26 years, garnering attention nationwide from activists and lawmakers.

One state lawmaker who’s been outspoken in suggesting Glossip is innocent is Broken Arrow Republican Kevin McDugle. He told 2 News reporter Samson Tamijani that he met with Drummond within his first few days as Attorney General.

“(The AG) was willing to listen," Rep. McDugle said Thursday. "He met with the DA, myself...we had a number of people in the room including the attorney for Richard Glossip, and he was very cautious but he at least listened. So I was very appreciative for that meeting.”

“I'm excited that he took the time to personally (look into the case)," Rep. McDugle added. "And I'm excited that he's standing up for the state of Oklahoma to right the wrongs that were done years ago.”

TIMELINE: Richard Glossip case

Glossip is accused in the murder of his former boss Barry Van Treese and has been on death row for nearly 25 years. He was found guilty in 1998 before the Oklahoma Court of Criminal Appeals overturned the conviction for ineffective assistance of counsel. Glossip was convicted and sentenced to death again in 2004.

The following is a statement by Don Knight, attorney for Richard Glossip:

“The filing by AG Drummond states what we have long contended, that Justin Sneed, the State’s star witness against Mr. Glossip, is not credible. Now, even the State has concluded that “Justin Sneed made material misstatements to the jury regarding his psychiatric treatment and the reasons for his lithium prescription” and that the State “is compelled to correct these misstatements and permit the trier of fact the opportunity to weigh Sneed’s credibility with accurate information.” Furthermore, the AG’s own Independent Counsel confirms in his report what we have long known: Richard Glossip’s conviction is unreliable and granting him a new trial is required. The Independent Counsel’s report reached the same conclusion that the Reed Smith independent investigation for Oklahoma legislators did — that a cumulation of serious errors occurred that likely changed the outcome of his 2004 trial. It is now clear that it would be unconscionable for the State to move forward with Mr. Glossip’s execution when there is so much doubt surrounding his conviction. We thank General Drummond for his courageous decision to take a deeper look at this difficult case and urge the Court of Criminal Appeals to quickly grant the Attorney General’s request and remand Mr. Glossip’s case to the trial court for further proceedings.”

- Don Knight, attorney for Richard Glossip
-April 6, 2023

Oklahoma lawmaker cites report questioning conviction of death row inmate

After becoming AG, Drummond appointed an Independent Counsel to conduct a review of the case. A box of materials was withheld from Glossip's defense team, according to Drummond. The box is referred to as Box 8. Drummond said the box and the findings of the Independent Counsel formed much of the motion to vacate Glossip's conviction and remand to district court.

“After thorough and serious deliberation, I have concluded that I cannot stand behind the murder conviction and death sentence of Richard Glossip,” he said. “This is not to say I believe he is innocent. However, it is critical that Oklahomans have absolute faith that the death penalty is administered fairly and with certainty. Considering everything I know about this case, I do not believe that justice is served by executing a man based on the testimony of a compromised witness.”

Boston Avenue United Methodist Church Senior Pastor David Wiggs developed a bond with Glossip over the years, first by mail when Glossip would watch his services from prison, then in-person when Wiggs traveled to McAlester to meet him.

“It’s just been a remarkable experience actually, the way it’s all unfolded," Rev. Wiggs told 2 News reporter Samson Tamijani. "As a man of faith I would say surely God’s hand has been a part of that, and hopefully what we were doing is responding to God’s work in our midst.”

The pastor said he believes Glossip is innocent, and now hopes he can celebrate Easter from inside the church in the years to come as a free man.

The motion was filed with the OCCA three days after the Independent Counsel submitted his findings from the comprehensive review ordered by Drummond.

Read the full filing here.

Read the Independent Counsel report here.

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