Ericka Glossip-Hodge, left, daughter of Richard Glossip, and Billie Jo Ogden Boyiddle, right, Richard Glossip's sister, listen during a rally to stop the execution of Richard Glossip, in Oklahoma City, Tuesday, Sept. 15, 2015. (AP Photo/Sue Ogrocki, File)
After spending 27 years behind bars—most of them on Oklahoma’s death row—Richard Glossip, 62, has been granted a new trial.
The U.S. Supreme Court overturned his murder conviction and death sentence on Tuesday, ruling that prosecutors withheld crucial evidence and allowed false testimony in his 1997 conviction for the killing of his former boss, motel owner Barry Van Treese.
Glossip has long maintained his innocence. The state’s primary witness, Justin Sneed, admitted to robbing and killing Van Treese with a baseball bat but testified that he did so under Glossip’s direction, promising him $10,000 for the murder. Sneed was sentenced to life in prison, while Glossip was convicted and sentenced to death.
In its ruling, the Supreme Court found that prosecutors failed to correct Sneed’s false testimony, including his psychiatric history and his use of the mood-stabilizing drug lithium.
“Correcting Sneed’s lie would have undermined his credibility and revealed his willingness to lie under oath,” Justice Sonia Sotomayor wrote in the majority opinion. She further noted that additional prosecutorial misconduct, including destroying evidence and interfering with witness statements, undermined confidence in the verdict.
Glossip remains in custody at the Oklahoma State Penitentiary as state prosecutors decide whether to retry him. Oklahoma County District Attorney Vicki Behenna said she will consult with Attorney General Gentner Drummond to determine the next steps.
Drummond, a Republican who took the unusual stance of asking for a new trial, said he was “pleased” with the Supreme Court’s decision and is committed to ensuring justice is done. However, he has also stated that he does not believe Glossip is innocent—only that he did not receive a fair trial.
Glossip has faced nine execution dates and came within hours of being put to death. In 2015, he was waiting in a cell next to the execution chamber when officials discovered they had received the wrong lethal injection drugs. The botched execution attempt followed a similar incident in 2014 and led to a nearly seven-year moratorium on executions in Oklahoma.
The family of Barry Van Treese has long argued that Glossip should be executed for his role in the murder. Attorney Paul Cassell, representing the Van Treese family, wrote last year that they had been waiting “10,047 days” for justice and criticized Oklahoma’s attorney general for “stalling” the case.
While the Supreme Court ruling does not declare Glossip innocent, it opens the door for a new trial—one that could finally determine his fate after nearly three decades of legal battles.
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