Appeals court rejects Glossip's request for new hearing

Nov. 10—Oklahoma's criminal appeals court on Thursday denied one of two requests for a new hearing in the case against death row inmate Richard Glossip.

The denial comes just days after Oklahoma Gov. Kevin Stitt issued an executive order Nov. 3 staying Glossip's Dec. 8 execution "to allow time for the Oklahoma Court of Criminal Appeals to address pending legal proceedings."

Don Knight, Glossip's defense attorney, said in a press release that the OCCA's Thursday denial "is a very difficult decision to understand."

"The evidence of Rich's innocence, and the state's misconduct, is overwhelming and deserving of, at the very minimum, a fair hearing where we can present our evidence," Knight said. "This is all we have ever asked for and is something that, obviously, the State is desperate to see never happen."

Glossip is scheduled to be put to death on Feb. 16, 2023, for his conviction in the 1997 murder of Barry Van Treese. Glosip was convicted twice of first-degree murder in the murder-for-hire plot that accused him of hiring Justin Sneed to kill Van Treese.

Attorneys for Glossip filed two separate motions requesting evidentiary hearings to allow a full review of new evidence, including several affidavits from witnesses that support the claim that Sneed murdered Van Treese for drug money and that Glosssip had nothing to do with this murder.

OCCA ruled that the affidavits "do not provide the clear and convincing evidence that Glossip would like this court to believe."

The motions filed also claim prosecutors' misconduct led to Glossip's conviction.

"We still have another petition pending with the court setting forth Sneed's desire to recant his testimony against Rich and, most shockingly, documenting the prosecutor's serious misconduct in coaching Sneed to change his testimony in the middle of trial," Knight said.

Sneed asked his attorney in a 2003 letter if recanting his testimony was an option. Sneed also wrote his attorney's office in 2007 implying he wanted to recant his testimony.

A 2014 letter written by Sneed's daughter claimed her father wanted to recant his testimony and believed it would exonerate Glossip.

Knight said a memo written in the middle of the trial states some of Sneed's testimony needed to be "cleaned up" because some of it didn't align with testimony from the medical examiner.

"Contrary to Glossip's assertion, there is no evidence that Sneed has ever sought to recant his testimony in any meaningful way," OCCA ruled. "Furthermore, none of the other witnesses against Glossip have changed their story."

A 343-page investigative report requested by an Oklahoma ad hoc committee and produced by the Reed Smith law firm submitted as part of the evidence contains a deep dive into the court case, transcripts, while containing interviews of new witnesses, and new paperwork.

The ad hoc committee is comprised of 62 Oklahoma lawmakers and is led by State Rep. Kevin McDugle, R-Broken Arrow, who said he would fight to end the death penalty in Oklahoma if Glossip is executed

According to the report, members of the jury that were interviewed as part of the independent review said they would not have convicted Glossip if all the evidence that is available today was available then.

"No trial is perfect," the OCCA ruling states. "But Glossip's guilt was proven beyond a reasonable doubt before a jury of his peers."

Knight said attorneys will continue to fight to prove Glossip's innocence.

"Our fight to free this innocent man will continue," Knight said. "And we remain optimistic that truth and justice will prevail, both for Rich and the citizens of Oklahoma."

Contact Derrick James at djames@mcalesternews.com