SCOTUS temporarily stays Glossip execution

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May 5—The U.S. Supreme court stayed Oklahoma inmate Richard Glossip's ninth execution date in a decision the state's attorney general supports.

The nation's top court issued the order Friday staying Glossip's execution to allow the court time to decide two petitions his attorneys filed asking federal judges to reverse the Oklahoma Court of Criminal Appeals' denial of new hearings in the case.

"Should both petitions for writs of certiorari be denied, this stay shall terminate automatically," the order states.

Glossip was scheduled to be executed May 18 at the Oklahoma State Penitentiary in McAlester for his conviction in the 1997 murder of Barry Van Treese. He was convicted twice of first-degree murder in the murder-for-hire plot that accused him of hiring Justin Sneed to kill Van Treese. Sneed is serving a life sentence for the murder after accepting a plea deal to testify against Glossip.

State appellate judges wrote in their denial Glossip was "given unprecedented access to the prosecution files" and did not provide information "that would convince this Court to overturn the jury's determination that he is guilty of first-degree murder."

Oklahoma Attorney General Gentner Drummond filed motions with the federal court supporting a stay of Glossip's execution, saying it "would be unthinkable" if the execution was followed through.

Drummond has said the state of Oklahoma could not stand behind Glossip's conviction and death sentence following the results of an independent investigation by special counsel he appointed. That investigation alleged the Oklahoma City Police Department and prosecutors destroyed or lost a box of evidence in the case that contained 10 other items, and also returned other key evidence to the victim's family prior to trial. OKC PD has not responded to the allegations.

"I am very grateful to the U.S. Supreme Court for their decision to grant a stay of execution, Drummond said in a Friday press release. "I will continue working to ensure justice prevails in this important case."

Glossip's case gained notoriety after more than 30 Oklahoma Republican lawmakers formed an ad hoc committee and requested an independent review.

Houston-based Reed Smith law firm conducted an investigation that included the same allegations and others, leading Glossip's lead defense attorney Don Knight to request evidentiary hearings with the state's criminal appeals court over the case.

"We are very grateful to the U.S. Supreme Court for doing the right thing in stopping Richard Glossip's unlawful execution," said Don Knight, Glossip's lead defense attorney said in a Friday press release. "There is nothing more harrowing than the thought of executing a man who the state now admits has never received a fair trial."

Drummond wrote in his motion to the federal court that he "was troubled" over allegations that prosecutors previously hid from jurors Sneed suffered from a serious psychiatric condition. The independent review alleged that allowed Sneed to give false testimony on why he was prescribed lithium.

Court documents state Sneed told jurors he asked for some cold medicine from jail medical staff and he was given lithium "for some reason."

"I don't know why. I never seen no psychiatrist or anything," Sneed said during Glossip's second trial.

Drummond said medical records show Sneed was given lithium to treat his serious psychiatric condition and combined with his drug use "would have had a impact on his credibility and memory recall in addition to causing him to become potentially violent or suffer from paranoia."

The AG also supported clemency for Glossip and asked the state's Pardon and Parole Board to grant clemency.

Board members voted 2-2, which denied clemency for Glossip. Attorneys for Glossip filed a lawsuit following the decision in Oklahoma County District Court claiming the meeting was unconstitutional as state law requires five members. The fifth member, Richard Smotherman, was not present for the hearing after recusing himself in 2022 from any Glossip-related hearings because his wife was the lead prosecutor during Glossip's second trial in 2004.