THE CLOSER THE STATE of Oklahoma comes to killing Richard Glossip, the more evidence emerges to suggest the state is preparing to murder an innocent man.
On Monday, Glossip’s legal team released dozens of pages of documents that cast new doubt on his already questionable conviction. At a press conference in front of the Oklahoma State Capitol, defense attorney Don Knight called on Gov. Mary Fallin to issue a stay of execution in order to consider the materials, which include newly obtained affidavits from people with varying connections to the case. The collection provides new context to the flawed case against Glossip, lending credence to his claims of innocence and further exposing leads police failed to pursue and information jurors never heard at either of his two trials. Yet thus far the state appears unmoved. On Monday Oklahoma City District Attorney David Prater called the press conference — which included famed anti-death penalty activist Sister Helen Prejean — “a bullshit PR campaign.” Glossip remains set to die at 3 p.m. Wednesday.
As The Intercept has reported, Glossip was twice tried and sentenced to die for the 1997 killing of his boss, Barry Van Treese, in a grisly crime the state prosecuted as a murder for hire. His conviction hinged on the testimony of a man named Justin Sneed, who admitted he beat Van Treese to death with a baseball bat, but claimed that Glossip, his supervisor at the time, coerced him into committing the crime in exchange for money and job security. Sneed said Glossip was afraid Van Treese was going to fire him from his position managing the Best Budget Inn, the seedy Oklahoma City motel where they worked, so Glossip convinced Sneed to kill him.
But there was no corroborating evidence to back up Sneed’s story — no physical evidence linked Glossip to the crime — and transcripts show how Oklahoma City police detectives steered Sneed toward implicating Glossip during his interrogation. Sneed’s story has evolved considerably over the years — today there is mounting evidence to show that Sneed, afraid of being sentenced to die, was compelled to point the finger at Glossip in order to save himself. Particularly damning are the words of Sneed’s own grown daughter, O’Ryan Justine Sneed, who last year wrote a letter to the Oklahoma Pardon and Parole Board asking it to spare Glossip, saying that her dad was considering recanting his testimony, which now threatened the life of an innocent man.
Justine Sneed has refused to talk about the case beyond the letter, even as Sneed’s own mother has since raised doubts about the state’s official story. But as Glossip’s execution nears, others have been emboldened to speak out. The affidavits released by Glossip’s lawyers on Monday come from individuals who undermine the claims of some of the prosecution’s key players — not only of Sneed, but also those of the police detectives who elicited Sneed’s confession.
One affidavit comes from 27-year-old Michael G. Scott, who after watching an August episode of Dr. Phil that focused on the case, contacted Glossip’s attorney Don Knight. Scott describes how he met Justin Sneed in 2006, while incarcerated at Joseph Harp Correctional Facility, a medium security prison in Lexington, Oklahoma. (State records confirm that Scott was first convicted and jailed in Oklahoma just before his 18th birthday, in 2005. He left prison in 2010.) Scott says he lived in a cell across from Sneed, who spoke “on more than one occasion” about how he had implicated Glossip in Van Treese’s murder in order to save himself.
“Among all the inmates, it was common knowledge that Justin Sneed lied and sold Richard Glossip up the river,” Scott told a private investigator. He recalled a specific instance when Sneed was “fixing some food, and laughing with (other prisoners) about setting Richard Glossip up for a crime Richard didn’t do.” Scott said he never told anyone what he heard — “Honestly, there seemed to be many other things that I saw or heard that were much worse” — but upon seeing the case on TV this summer, “I realized just how important this information was,” and decided to come forward.
Another affidavit comes from a man named Johnny Lombardi, who worked as a defense attorney in Oklahoma between 2006 and 2013 and caught wind of Glossip’s impending execution while doing post-conviction work on a separate, unrelated case. That case involves a man named Marty Williams, currently serving life without parole for a 1991 murder in Oklahoma City, a crime he swears he did not commit. The lead police detectives in Williams’ case were the same pair who got Justin Sneed to implicate Richard Glossip in the murder of Barry Van Treese: Oklahoma City Police Detectives Bob Bemo and William Cook.
In his affidavit, Lombardi says Williams told him Bemo and Cook interrogated him using “coercive techniques,” threatening him with the death penalty and refusing to let him use the restroom to the point where he “was forced to urinate on himself.” Lombardi further says that, according to Williams, Bemo and Cook had previously tried to blame him for a different unsolved murder years earlier, “despite the fact there was neither any physical evidence or direct witness observation” to link him to the crime. Finally, Lombardi describes a recent interview with a different incarcerated individual, who claimed that Bemo and Cook had “a reputation for police tactics in that neighborhood in order to obtain confessions” and that Williams had been wrongfully convicted — “set up by the police.”
Regardless of happened to Williams, of course, his claims do not prove police misconduct in Glossip’s case. And it remains unclear why Bemo or Cook would want to pin the murder of Barry Van Treese on Glossip when they already had a suspect in custody, Sneed, who admitted he carried it out. (Bemo has not responded to multiple emails and Cook is deceased.) But Lombardi’s affidavit is bolstered by Dr. Richard Leo, PhD, an expert on police interrogation tactics who has written extensively about false confessions and who reviewed Sneed’s interrogation transcripts. In a 13-page affidavit signed on September 9, Dr. Leo stressed that the notion that Glossip had masterminded the murder “first came from investigators, not Justin Sneed.” The transcripts show how police “feed Justin Sneed their theory that Richard Glossip was the mastermind of this homicide.” Such tactics, he states, “are substantially likely to increase the eliciting of false statements.”
THE STATE OF OKLAHOMA has repeatedly said that, regardless of any last-minute claims by his supporters, the courts have had their say in the case of Richard Glossip. But the same could be said for the 10 people who have been exonerated from Oklahoma’s death row — as The Intercept reported this summer, four of them were sent to die partly on the basis of false snitch testimony. What’s more, as in many such cases, much of the evidence now coming to light never made it to court. They are bits and pieces of information that should have been uncovered, if not by police in 1997, then certainly by Glossip’s defense attorneys before trial.
One critical component comes from a man who could have undermined Sneed’s credibility on the stand by showing that Sneed lied about the extent of his drug use in the months leading up to Van Treese’s murder. An affidavit signed by a former drug dealer named Richard Barrett challenges the state’s characterization of Sneed as a hapless kid who was entirely under Glossip’s control, suggesting a more logical basis for why Sneed might have killed Van Treese.
In its opening argument at Glossip’s 2004 trial, the state cast Sneed as a simple drifter — a man of limited intelligence who “didn’t want money or need money,” as prosecutor Connie Smothermon told the jury. Sneed, who first arrived in Oklahoma City as part of a roofing crew from Texas, admitted on the stand that he quit that job because of his burgeoning drug use, but he said he just used marijuana — “and a little bit of crank.”
But according to Barrett, who says he dealt drugs several times per week at the Best Budget Inn, Sneed regularly shot meth with a needle in Room 102, the same room where he would later kill Van Treese. Barrett said he saw Sneed’s drug use firsthand — and that he often saw him “tweaking,” a sign that someone is high on meth. He also said that Sneed was stealing from the motel, its parking lot, and the surrounding area, in order to pay for his meth habit. Sneed traded everything from food stamps to car stereos to a nickel-plated .38 handgun for the drug, Barrett states. Such thieving was common among the addicts he knew, Barrett adds, saying many would “do anything to get more of the drug, even kill.”
“Based on my own experience,” Barrett says in his affidavit, “I believe Justin Sneed was addicted to methamphetamine in a bad way.”
Barrett’s affidavit also introduces another regular at the Best Budget Inn who was apparently never questioned by police (the Oklahoma City Police Department refused to release its records in the case): Richard Glossip’s brother, Bobby, who facilitated Barrett’s drug dealing at the motel. The Glossip brothers, Barrett said, did not seem to get along. Richard had nothing to do with Bobby’s drug business; when Richard would come to Room 102, “He mostly came to tell us to quiet down.”
Glossip has told The Intercept that while “Bobby and me used to be pretty close when we were younger,” they were not at the time of the murder. Glossip knew Bobby was dealing drugs, including to Sneed. “Unfortunately, my brother was the one selling to him,” Glossip said this summer.
While Sneed’s drug addiction does not itself provide a basis for murder, Barrett’s description of meth users as paranoid thieves who can turn violent on a dime was affirmed by San Francisco psychiatrist Pablo Stewart, who provided yet another affidavit to Glossip’s legal team. Stewart said that when used intravenously, as Barrett claims Sneed did regularly, meth produces symptoms such as those “consistent” with a person suffering from a psychotic episode — they become “prone to frenzied actions that can lead to ‘overkill’ behaviors.” In one of his first versions of the story upon being interrogated by police, Sneed said he had only meant to knock out Barry Van Treese in order to steal money from him — not kill him. Even if Sneed was trying to downplay his culpability to police, Stewart states in his affidavit that he considers this to be a plausible scenario — “a person under the influence of methamphetamine, or suffering from the psychotic symptoms caused by long term use, will use a baseball bat and beat a victim to death in a frenzy, even if the intent is just to knock that person out with one blow.”
If such expert opinion sounds a bit too neatly tailored now, it is precisely the sort of testimony that should have been presented by Glossip’s attorneys at trial. Barrett, too, might have been a critical witness. He says he failed to come forward until now because he had heard that his fingerprints were found in Room 102 and he feared he would be implicated in the murder. It was a call from his own mother that convinced him to finally tell Glossip’s lawyers what he knew.
WITH GLOSSIP’S EXECUTION one day away, a coalition of supporters spent Tuesday in Oklahoma City, holding a vigil and publicly urging Oklahoma Gov. Mary Fallin to spare Glossip’s life. Glossip’s defense team has sent a letter to Fallin outlining additional evidence they are currently seeking in order to clear their client, and asking for a 60-day stay in order to pursue it.
“Since we began investigating this case,” they write, “and once publicly highlighting it, we have received tip after tip — telephone messages at 1:00 a.m., and emails at all hours. Such information is still pouring in, but we have not been able to investigate all of it.” Their fear, they say, is that a critical tip “may later prove innocence, but too late.”
“We respectfully request the opportunity to avoid that tragedy.”
The Next to Die, an initiative by the Marshall Project, provides a countdown to upcoming executions.
http://www.richardeglossip.com/the-case-1.html click at the top for case continued for next page.
A lot of things do not add up, now that I took the time to actually read the things that happened in this case. Initially after a few interviews with Sneed, the man that killed Van Treese, Sneed said he acted alone. It was not until AFTER two detectives fed him case information in a video taped session that Sneed is told if he points the finger at Glossip, he would not get the death penalty. So he did, then when the next trial comes Sneed refuses to testify to those facts. A shower curtain taht Sneed said Glossip brought into the room after the murder and hung in the window, had NO fingerprints from Glossip on it, any where. At the 2nd trial the shower curtain was “lost/missing”. both men had money on them. Sneed $1,700 and Glossip $1,200. Glosspis said his money was from his paycheck and the sale of furniture and vending machines. He still has the name of the people whom he sold the vending machines to, and no one will check it out. Also, Sneed’s money had blood and fingerprints on it belonging to Van Treese (the dead guy), Glossip money had none of that, no fingerprints or blood. Supposedly, there was some sort of shortage in the cash receipts that Van Treese wanted to talk to Glossip about, but when asked for those records, they were told they were “lost in a flood”.
Sneed’s own daughter says her father implicated Glossip to save his own life. But now won’t say anything more. Other inmates have said for years, how Sneed bragged about setting up Glossip so he would not be killed by the State.
At first I was like, yeah Glossip has so much time to try and defend this, and two trial. It seems like Glossip has no evidence against him what so ever, only the testimony of the murderer who was after more drug money, and a reduced sentence.
Before making any judgment, go look into the facts. Not just this site I listed, but there are many others. There is too many discrepancies that points to Glossip being railroaded.
Amen.Richard Glossip is being railroaded. There is a ton of evidence the jury was not allowed to see or even hear about including the un-redacted original video of Sneed’s interrogation and the $24100 covered in blue dye that was claimed to be “motel receipts”.
Richard Glossip is being railroaded.
Why did Richard not take the stand at his two trials?
Richard Glossip had a clean criminal history and follows the law; however, like my family there are skeletons. John Glossp, Shooting With Intentto Kill a Police Officer. Robert (“Bobby”) Glossip, running a chop shop, drugs, etc. Plus, the “real” evidence (DNA, fingerprints) of Richard Glossip were non existent. Plus, Richard honestly did not know what was going on. He had an alibi, D Anna Wood.
Hey Jordan and Liliana
Just noticed the 30 day delay…
Keep pounding away.
A
“Death Row Inmate Richard Glossip Wins Last-Minute Reprieve”
http://www.huffingtonpost.com/entry/richard-glossip-stay_55f99f1de4b0e333e54c28fc
(Excellent work on this, Ms. Segura and Ms. Smith.)
At least Glossip had a trial. Those killed by police or by drones do not. So his case, for better or worse, probably represents the best that US justice can offer. If you accept the death penalty, you must also accept that a number of those killed will be innocent. A brutal government in a brutal society must inflict brutal punishments in order to impress its citizens. The governor of Oklahoma is in the best position to judge her state, as she is its elected representative. She has decided this is what Oklahomans want, or at least what they need. I have never visited the state, and never expect to, so I’ll have to take her word for it.
“At least”? “The best that US justice can offer”? Bullshit. It’s not good enough. Things need to change. It’s not okay that someone is going to die for a crime he very likely did not commit.
You can argue for higher standards, but the citizens of Oklahoma obviously do not agree. Many of them would probably prefer to dispense with trials altogether and go straight to the execution.
A mediocre prosecutor can convince a jury to convict a guilty man. An outstanding prosecutor can convince them to convict an innocent one. A mediocre defense attorney can convince a jury to acquit an innocent man. An outstanding attorney can convince them to acquit a guilty one. So the system works, providing the lawyers working in it are mediocre. Law schools strive to foster mediocrity, but a few outstanding lawyers slip through the cracks. No system is perfect.
” If you accept the death penalty, you must also accept that a number of those killed will be innocent.” Maybe you would care to take Glossip’s place, and be a firm defender of your own beliefs?
Please read all the case. The only one to testify against Glossip was the murderer who was given a deal to stay off death row. There was no evidence, supposedly glosspi brought in a shower curtain to hang in the window. Tested it had no dna or fingerprints from Glossip. 2nd Trail the shower curtain disappeared. Money Sneed (the murderer had, had blood and fingerprints form the victim on it. Money Glossip had had no fingerprints of blood from the victim. Video recordings of Sneed’s interrogation and statement shows Sneed saying he acted alone, until in a later video he is told if he didn’t do this alone, that he would get life in prison, and not the death penalty, then he changed his story.
So, you can sit back and breathe easy, it’s not YOU getting railroaded, with the only testimony coming from a convicted murderer and drug addict who was after drug money, and NO other evidence what so ever to support any notion you were there. And any evidence that could clear you, has disappeared.
You keep believing..
In 2004, Texas executed Cameron Todd Willingham. On the day of his execution, compelling exculpatory evidence arrived in the governor’s office. Rick Perry refused to grant a stay of execution. Today, it is widely accepted that with Willingham, Texas did the unthinkable: It executed an innocent man.
No one can be certain Richard Glossip is innocent, but I believe he is. The evidence against him is so weak, and the motive is fanciful. The prosecution was better financed and more qualified in both trials, and many of the DAs would rather win than do the right thing. In the 2004 trial, Glossip had a fine public defender, G. Lynn Burch, whose experience and expertise were a real threat to DA Smotherman. Trumped up charges and lies forced Burch to recuse himself. His replacements weren’t as knowledgeable.
Yesterday, Oklahoma County’s reformer DA referred to the new evidence as a “bullshit P. R. campaign.”
Yes, they will move heaven and earth to convict someone they know is innocent. Happens all the time. Usually, someone stops it before an innocent man is executed, though.
Not this time.
Governor Mary Fallin has lost the soul of the State of Oklahoma. This case will be her “Katrina,” not so much because she didn’t grant the stay, but because she has been such a snarky dick about it. People won’t forget this case, and we won’t let her forget it. She is Rick Perry in drag. Or vice versa.
I have come to understand why some people are so nasty about our charming governor.
Intercept, thank you for superb reporting on this and other important issues.
Start calling her “Bloody Mary.” To date she has 17 executions under her belt. See what that moniker does for her politcial career.
Randall Hodge You are so right about GLynn Burch being a damn good lawyer!
I’ve seen cases where prisoners were exonerated, thanks to indisputable proof of their innocence, yet families still wanted the former death row or lifer inmates to be executed or held forever, because they had convinced themselves of the exonerees’ guilt. In this case, it’s the opposite. The victim’s family doesn’t want to see this injustice done. Shame on the D.A. and the Governor. This man’s blood will be on their hands.
A mans life is at stake.
You better be sure.
I hope that those who decide will be measured by the means that they measured others.
Amen.
So the Oklahoma City D.A. would rather see an innocent man killed and the guilty man freed than even risk the appearance of showing compassion and common sense. Are Oklahomans so eager to kill anybody that they wouldn’t care if he was innocent? Or does he think so little of Oklahomans that he thinks that’s what they want?
What is one mans life when the exercise of state power comes into question?
I’m not knowledgeable of the case except what I just read here but something bothers me a little about the reporting. It states that ” Bemo has not responded to multiple emails”. Is that the standard of communication now when trying to contact someone? Have you had any contact with Bemo through email before? It’s really easy to ignore an email from someone you don’t know and if this is the only attempt at contact I find that concerning. Did you try calling? Knocking on the door? Tracking him down at his current workplace, if he has any? Any face to face contact? That statement made it seem like there hadn’t been .
If an innocent man is put to death tomorrow and there is even a hint that Bemo was complicit, I would think that would warrant more of an effort to illicit a response than a few attempts at emailing. These are big accusations and I think if you are going to make them, they should be done face to face or at the very least, over the phone.
If this is the new standard in reporting then please accept my apologies. I think you do a great job here at the Intercept. I’m just curious about this. I do hope that at the very least more time is given to investigate these findings.
Detective Robert Bemo, Oklahoma City Police, Homicide, Badge No 0179. Telephone: 405/278-1000
When we say execution is murder, it is easy even ourselves to think we mean only that it is wrong to believe a murderer deserves death, or that someone is wrong in believing him a murderer. But this time it is directly apparent that to believe in execution means you are willing to kill, brutally and painfully, someone who you know to be innocent, solely because he had the temerity to insist on a trial by jury, when he should have known that no proper legal defense would be offered on his behalf.
Unbelievable