Richard Glossip released after nearly three decades on death row

May 20

We are pleased to report the release on bail of Richard Glossip for whom we have campaigned for many years. His case is a long and tortuous one and he has been served ‘last meals’ on three occasions. He has been on death row for 27 years. In the endless series of trials and appeals it seems to be clear that the prosecution case was always weak. The crime was the murder of Barry van Treese in 1997 and Glossip was alleged to be the killer.

The prosecution allowed its key witness, Justin Sneed, to provide false testimony about his mental health and medical treatment. The new evidence showed that Sneed was diagnosed with bipolar disorder and prescribed lithium, facts that were withheld from the defence. At trial, Sneed falsely claimed he was never treated by a psychiatrist and received lithium mistakenly. This falsehood was material because Sneed’s testimony was the only direct evidence implicating Glossip, and impeachment of his credibility could have influenced the jury’s decision. The prosecution had prior knowledge of Sneed’s mental health treatment and still failed to correct the misstatement when it was made to the jury.

Correcting this false testimony would likely have changed the jury’s assessment of Sneed’s reliability. The prosecution is alleged to excluded exculpatory evidence, interfered with witness testimony, and allowed destruction of key physical evidence. Given these cumulative errors and their impact on the fairness of the trial, Glossip is entitled to a new trial. The Oklahoma Court of Criminal Appeals’ rejection of the attorney general’s confession of error was based on a misapplication of federal law.

Free for now

Richard Glossip walked out of an Oklahoma County jail Thursday with his wife, free on bond for the first time since his 1997 arrest, after a judge set his release terms ahead of a retrial the U.S. Supreme Court ordered last year. As Hannah Ziegler reported for the New York Times, Judge Natalie Mai set Glossip’s bond at $500,000, requiring an electronic monitoring device and prohibiting contact with witnesses or travel outside Oklahoma. A group of supporters helped raise the bond money.

Glossip was convicted in 1998 and again in 2004 of arranging the murder of his employer, Barry Van Treese, through motel handyman Justin Sneed. The state set execution dates for him nine times. Two independent investigations later found that critical evidence had been withheld and that Sneed’s testimony, the cornerstone of the prosecution’s case, was faulty.

Oklahoma Attorney General Gentner Drummond, who had previously asked the Supreme Court to throw out Glossip’s conviction, said he would retry the case but would not again seek the death penalty. Glossip’s attorney Donald Knight said the bond ruling was unexpected and marked a step forward after what he called a decades-long nightmare.

Judge Mai wrote that a new trial free of error would give all parties and Oklahoma citizens the closure they deserve. Knight said the court’s decision had rejected the state’s claim of a strong case for guilt. Glossip told reporters outside the jail Thursday that it was overwhelming but amazing.

The point here is that the case was weak and there are serious doubts about his guilt. Had he been executed in one of the three previous occasions there would be no coming back. It could not be undone.

Sources: MSN, Oklahoma Watch, The Oklahoman. Picture NBC.

---

• Good news from Oklahoma
• A damp vigil
• Steady erosion of rights continues
• Minutes and newsletter
• 78th anniversary of the Nakba