Will Supreme Court grant Richard Glossip a new trial?

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In a rare move Monday, the conservative U.S. Supreme Court granted a review for Richard Glossip, an Oklahoma death row prisoner whose claims of innocence and an unfair trial have gained support from Republicans across the state, including the state Attorney General.

SCOTUS granted certiorari in Glossip V. Oklahoma, which means the court has agreed to review the case. Since his first execution date in 2015, Glossip has managed to survive multiple attempts by the state to kill him. He’s maintained his innocence in the 1997 murder of Barry Van Treese for a quarter of a century.

Attorneys for Glossip have long argued the state knew its key witness, Justin Sneed, had a psychiatric condition that made his testimony unreliable.

Sneed told prosecutors Glossip ordered him to murder Van Treese. Yet, prosecutorial misconduct has cast doubt on his testimony.

AG Drummond seeks new trial for Glossip

In 2023, newly elected moderate Republican Oklahoma Attorney General Gentner Drummond took an unprecedented step. He admitted prosecutors knowingly withheld key evidence. He’s asking the Supreme Court to vacate Glossip’s conviction in favor of a new trial.

On Monday, the Court agreed to hear the case.

“We are grateful that the Court is providing Richard Glossip the opportunity to argue that Oklahoma should not be permitted to kill him. We are also grateful that the State’s chief law enforcement officer, Attorney General Gentner Drummond, agrees that Mr. Glossip did not receive a fair trial and his conviction must be reversed,” John Mills, attorney for Glossip, stated after the decision.

“It took almost 25 years for the State to disclose that the undisputed killer and the prosecution’s star witness, Justin Sneed, was lying and that it did not correct his falsehoods for the jury. The State now agrees this failure, and the cumulative effect of other errors in the case, require a new trial for Mr. Glossip,” Mills said.

Richard Glossip’s fate rests with Supreme Court

Cracks in support for Oklahoma’s use of the death penalty first appeared during the commutation process for former death row prisoner Julius Jones in 2021. The international protests in support of Jones didn’t free him from prison, but it led to Gov. Stitt sparing his life.

Meanwhile, more than 60 Republican lawmakers have expressed support for Glossip, with dozens calling for a moratorium on the death penalty. Independent investigations have cast major doubt on Glossip’s guilt.

In 2015, his execution was halted only because the state was preparing to use the wrong drugs. Now, after surviving nearly a dozen execution dates, the Supreme Court has agreed to review Glossip’s case based on its merits, an extremely rare move for the Court.

“Public confidence in the death penalty requires the highest standard of reliability, so it is appropriate that the U.S. Supreme Court will review this case,” AG Drummond said Monday. “As Oklahoma’s chief law officer, I will continue fighting to ensure justice is done in this case and every other.”

OCCA vs. AG Drummond

In March, Drummond took the unprecedented step of joining Glossip’s defense attorney to file for a stay of his execution, which had been rescheduled for May 18. Yet the Oklahoma Court of Criminal Appeals denied Drummond’s request to vacate the conviction even though his own investigation found multiple instances of errors by prosecutors.

The OCCA’s refusal to intervene led to Gov. Stitt granting multiple 60-day stays for Glossip as his attorneys pushed for a SCOTUS review.

“Richard Glossip’s innocence case is unlike anything the country has ever seen,” said Don Knight, another attorney for Glossip. “The Oklahoma Attorney General’s concession of error is historically unprecedented, as is the outpouring of support from 62 Oklahoma legislators, including at least 45 death penalty supporting Republican lawmakers.”

Supreme Court grants review for Richard Glossip

Ultimately, Glossip’s case has received attention nationwide. Leading celebrity television host Dr. Phil traveled to the Oklahoma Capitol in May 2023 to advocate for Glossip.

The Black Wall Street Times asked Dr. Phil about his view on Oklahoma’s death penalty system.

“When you have the attorney general, who is the top law enforcement official in the state…when he says ‘we confess that we have erred in this case,’ then a portion of the judicial system ignores that and proceeds anyway, that doesn’t seem logical to me,” Dr. Phil said.

Moving forward, AG Drummond and Glossip’s defense attorneys will make arguments in opposition of the Oklahoma Court of Criminal Appeals, which is known for denying post-conviction relief for almost all death row detainees, regardless of evidence or circumstance.

“In addition to the questions presented, the parties are directed to brief and argue the following question: Whether the Oklahoma Court of Criminal Appeals’ holding that the Oklahoma Post-Conviction Procedure Act precluded post-conviction relief is an adequate and independent state-law ground for the judgment,” the Supreme Court stated in its decision.

“We are gratified that the United States Supreme Court has agreed that it is worthy of full consideration and look forward to our chance to help the Justices understand why it is critical that Mr. Glossip finally be given his chance at a fair trial,” Knight said.

The Supreme Court is expected to hear Richard Glossip’s case during its next term, which begins October 2024.