The U.S. Supreme Court overturned Richard Glossip’s most recent conviction Friday, leaving the Oklahoma County district attorney to decide whether to try him a third time for the 1997 murder of Barry Van Treese.

Decades-long case history

Glossip, who has been on death row since 1997, was convicted twice of paying Justin Sneed to kill Van Treese, the owner of the motel where Glossip worked. Sneed, who was given a lesser sentence in exchange for his testimony, was the key witness in both trials.

An appeals court overturned Glossip’s first conviction in 2001 due to ineffective counsel. He was convicted again in 2004 and sentenced to death. Over the years, his execution was delayed multiple times, including stays from former Gov. Mary Fallin in 2014 and 2015 due to lethal injection drug concerns, and from Gov. Kevin Stitt in 2022 while new evidence was reviewed.

In 2023, Attorney General Gentner Drummond ordered an independent review of the case, citing evidence that Oklahoma County prosecutors had failed to disclose. A state appeals court upheld Glossip’s conviction later that year, and his clemency request was denied. The U.S. Supreme Court then put his May 2023 execution on hold, heard oral arguments in October, and ruled 5-3 Tuesday to overturn his conviction.

Legal expert and family reactions

Longtime criminal defense attorney Irven Box, who has followed the case for years, said a retrial may be difficult because the main witness, Justin Sneed, has died.

“I think zero odds they’ll retry this case,” Box said. “They could use the transcript from the prior trial, but the main witness is deceased.”

Barry Van Treese’s son, Derek Van Treese, issued a statement saying, in part: “For the last 10,276 days, we’ve been waiting for justice. The family remains confident that when that new trial is held, the jury will return the same verdict as in the first two trials—guilty of first-degree murder.”

Box suggested prosecutors might opt for a lesser charge to resolve the case quickly.

“My opinion is in the next days, weeks, or months, they’ll bring him back to court, reduce the charge—maybe to a lesser charge like murder or manslaughter—give him time credit for the years he’s been in prison, and then I think he’ll be released,” Box said.

The Van Treese family has stated they want the case pursued as a death penalty case and do not want the DA to seek a lesser charge.

Next steps for Glossip

Glossip’s wife, Leah Rogers, said they were overcome with emotion when they received the Supreme Court’s decision over the phone Friday morning. The couple married inside the state penitentiary in 2022.

The Death Penalty Information Center said Glossip could become the 201st U.S. prisoner exonerated from death row if he is not convicted again. Eleven former Oklahoma death row inmates have been acquitted or had their charges dismissed, including Glenn Simmons, who was freed in 2023 after prosecutors found key evidence was withheld in his case.

Oklahoma County District Attorney Vicki Behenna will now decide whether to refile charges. In a statement, Behenna said she has discussed the ruling with Drummond and will review the opinion before determining the next steps.

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