By Janelle Stecklein, Oklahoma Voice Editor

The U.S. Supreme Court on Tuesday tossed the murder conviction of an Oklahoma death row inmate, who has insisted he’s innocent, and ruled that he’s entitled to a new trial.
In a 5-3 decision, the Court determined that Richard Glossip’s constitutional rights were violated because prosecutors withheld evidence that would have aided in his defense and helped ensure he received a fair trial.
In an opinion for the five justices, Judge Sonia Sotomayor wrote that “Glossip is entitled to a new trial” and that they were vacating the conviction. Justices Samual Alito and Clarence Thomas dissented, arguing in favor of upholding the death sentence.
Justice Neil Gorsuch did not weigh in on the decision.
It wasn’t immediately clear Tuesday if the Oklahoma County District Attorney’s Office would seek to retry Glossip. A spokesperson for the office did not immediately return a message seeking comment. Oklahoma County District Attorney Vicki Behenna has said Glossip would not have qualified for the death penalty under her leadership.
Two juries found Glossip, 61, guilty of a murder-for-hire plot of his boss, Barry Van Treese, and sentenced him to death. Justin Sneed, an employee at the motel who admitted to killing Van Treese, became a star witness in the trial, testifying that Glossip paid him to commit the crime.
But Attorney General Gentner Drummond launched an independent investigation into the case, and reported that the investigator found “multiple instances of error that cast doubt on the conviction.”
But both Glossip and Oklahoma Attorney General Drummond argued that the prosecution withheld evidence that Sneed was being treated for a mental illness. Drummond and Glossip’s legal counsel alleged that Sneed lied that he didn’t know why he was prescribed lithium and prosecutors withheld information that would have shown Sneed was untruthful. Both argued that the outcome might have been different had members of the jury known about it.
Drummond asked the state Court of Criminal Appeals in 2023 to give Glossip a new trial.
The Oklahoma Court of Criminal Appeals ruled that Glossip’s attorneys either knew about the mental illness or should have, and argued that they doubted that it would have changed the outcome.
Glossip has faced nine execution dates and had three “last meals” at the Oklahoma State Penitentiary in McAlester.
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