US Supreme Court Throws Out Richard Glossip Conviction, Death Sentence

Today, the US Supreme Court threw out the murder conviction and death penalty for Richard Glossip, an Oklahoma man who was found guilty in the killing of motel owner Barry Van Treese in 1997, but has steadfastly maintained his innocence and averted multiple attempts by the state to execute him. Glossip has been on Oklahoma's death row for more than 25 years. In that time, he has been tried and convicted twice and has lost multiple appeals, including one at the US Supreme Court.

The majority opinion was written by Justice Sonia Sotomayor, who was joined by Chief Justice John Roberts, and Justices Elena Kagan, Brett Kavanaugh and Ketanji Brown Jackson. Justice Amy Coney Barrett joined the opinion in part. Justices Clarence Thomas dissented and was joined by Justices Samuel Alito and Barrett in part. Justice Neil Gorsuch did not participate in this case.

The court found that Glossip's trial violated his constitutional rights. Prosecutors’ decision to allow a key witness to give testimony they knew to be false violated Glossip’s constitutional right to a fair trial, the justices ruled in a case that produced a rare alliance of his lawyers and the state’s Republican attorney general in support of a new day in court for Glossip. Today's decision reversed the Oklahoma state court's judgement and sent the case back for a new trial.

Another man, Justin Sneed, admitted robbing and killing Van Treese but testified he only did so after Glossip promised to pay him $10,000. Sneed received a life sentence in exchange for his testimony and was the key witness against Glossip. New evidence discovered in 2023 showed that prosecutors knew Sneed lied on the witness stand about his psychiatric condition and his reason for taking the mood-stabilizing drug lithium, Sotomayor wrote. Drummond also was concerned about a box of evidence in the case that was destroyed, she wrote. The evidence included motel receipts, a shower curtain and masking tape that Knight has said could have potentially proven Glossip’s innocence.

Don Knight, Glossip’s attorney, said the court was right to overturn the conviction because prosecutors hid critical evidence from the defense team. “Today was a victory for justice and fairness in our judicial system,” Knight said in a statement. “Rich Glossip, who has maintained his innocence for 27 years, will now be given the chance to have the fair trial that he has always been denied.”

Glossip, who currently is housed at the maximum-security Oklahoma State Penitentiary in McAlester, is expected to remain in prison, at least until the state decides whether to retry him, Oklahoma Attorney General Gentner Drummond said at a news conference following the Supreme Court decision. “I do not believe Richard Glossip is innocent,” Drummond said, though he sought and praised the court’s ruling. He also conceded it might be difficult to put Glossip on trial again after so many years.