WASHINGTON — The Supreme Court granted a keep of execution on Friday to Richard Glossip, a dying row inmate in Oklahoma, after the state’s lawyer basic, Gentner F. Drummond, a Republican, advised the justices that he agreed that Mr. Glossip’s execution must be halted.
In a uncommon transfer, Mr. Drummond wrote that the state had “come to the difficult but essential conclusion that Glossip’s capital conviction is unsustainable and a new trial imperative.”
Lawyers name such statements “confessions of error,” and courts ordinarily give them nice weight. The keep issued by the Supreme Court will stay in place whereas the justices resolve whether or not to listen to Mr. Glossip’s attraction, and in the event that they do, till they resolve it.
As is customary in rulings on keep purposes, the court docket supplied no reasoning. There have been no public dissents. Justice Neil M. Gorsuch recused himself from the case however didn’t say why.
The court docket’s conservative majority is usually skeptical of requests for stays from dying row inmates, seeming to view them as merchandise of litigation gamesmanship meant to delay executions indefinitely. In January, nonetheless, the court docket gave Areli Escobar, a dying row inmate in Texas, a brand new probability to problem his conviction in mild of a district lawyer’s confession of error after the invention of flawed DNA proof.
Oklahoma’s Supreme Court submitting was notable for a second motive. The lead lawyer representing the state was Paul D. Clement, who was solicitor basic within the administration of George W. Bush and is a star of the Supreme Court bar, having argued greater than 100 circumstances earlier than the justices.
Don Knight, a lawyer for Mr. Glossip, thanked the court docket in an announcement “for doing the right thing.” He added, “There is nothing more harrowing than the thought of executing a man who the state now admits has never received a fair trial.”
In his personal assertion, Mr. Drummond mentioned he was “very grateful to the U.S. Supreme Court for their decision to grant a stay of execution,” including that he would “continue working to ensure justice prevails in this important case.”
Mr. Glossip, 60, was convicted primarily based on the testimony of, within the phrases of Oklahoma’s Supreme Court temporary, “the state’s indispensable witness,” a handyman named Justin Sneed, who pleaded responsible to killing Barry Van Treese, the proprietor of a motel in Oklahoma City, beating him to dying in 1997 with a baseball bat.
Mr. Sneed, who obtained a life sentence, testified that Mr. Glossip, the motel’s supervisor, had instructed him to kill Mr. Van Treese.
Recently disclosed paperwork contradicted Mr. Sneed’s testimony about whether or not he had been handled by a psychiatrist, and so they appeared to indicate that he had been recognized with bipolar affective dysfunction.
“When I was arrested,” Mr. Sneed testified, “I asked for some Sudafed because I had a cold, but then shortly after that somehow they ended up giving me lithium for some reason. I don’t know why. I never seen no psychiatrist or anything.”
In reality, the state’s temporary mentioned: “Sneed had been treated by a psychiatrist in 1997. Further, he was not prescribed lithium for a cold. Instead, he was prescribed it to treat his serious psychiatric condition that combined with his known methamphetamine use would have had an impact on his credibility and memory recall in addition to causing him to become potentially violent or suffer from paranoia.”
Prosecutors had motive to know that Mr. Sneed’s testimony was false, the state’s temporary mentioned. “Despite this knowledge,” it mentioned, “the state permitted Sneed to effectively hide his psychiatric condition and the reason for his prior lithium prescription through materially false testimony to the jury.”
Mr. Drummond had made related arguments to the Oklahoma Court of Criminal Appeals, the state’s highest court docket for prison issues, however that court docket unanimously rejected his confession of error. The Oklahoma Pardon and Parole Board deadlocked by a 2-to-2 vote on Mr. Glossip’s request for a suggestion of clemency. His execution had been scheduled for May 18.
Mr. Glossip has attracted assist from celebrities like Kim Kardashian and state lawmakers from each political events. Two impartial investigations have solid doubt on his guilt.
Source: www.nytimes.com