The Second Trial and Oklahoma’s Capital Punishment Debate
Three years later, Glossip was tried again. Sneed again testified that Glossip directed him to kill Van Treese. Glossip was again convicted and sentenced to death.
The years that followed turned his case into a flashpoint in the national debate over capital punishment. Glossip’s lawyers pointed to shifting accounts from Sneed, concerns about withheld evidence and questions about whether prosecutors had allowed misleading or false testimony to stand. Supporters argued the conviction rested too heavily on a witness who had every incentive to help himself.
His case eventually became tied to Oklahoma’s troubled lethal injection history. In 2014, Oklahoma’s execution of Clayton Lockett drew national outrage after Lockett writhed and groaned on the gurney before dying 43 minutes after the procedure began. The state later blamed problems with the IV line, but the execution intensified scrutiny of Oklahoma’s drug protocol, particularly its use of midazolam, a drug used to generate sleepiness or drowsiness and relieve anxiety before surgery or procedures.
Glossip was among the death row inmates who challenged Oklahoma’s execution procedures because midazolam does not render death row inmates unable to feel the pain associated with receiving lethal injections. In 2015, the U.S. Supreme Court upheld the state’s use of midazolam in a case bearing his name, Glossip v. Gross.
In September 2015, Glossip came within hours of being put to death. He had already eaten what was supposed to be his final meal when officials halted the execution because the state had obtained a drug that did not match its own protocol. The mix-up contributed to a years-long halt in Oklahoma executions.
Richard Glossip Released Pending a Third Trial
Glossip’s case kept attracting attention outside the courts. It was taken up by death penalty opponents, lawmakers from both parties, celebrities and documentary filmmakers. The 2017 documentary miniseries Killing Richard Glossip helped bring the case to a wider audience, while advocates continued pressing for a closer look at how prosecutors had secured the conviction.
In 2022, a bipartisan group of Oklahoma lawmakers commissioned an outside law firm called Reed Smith to review the case. The firm’s findings raised serious concerns about Glossip’s conviction, including issues around evidence and witness credibility. Oklahoma Attorney General Gentner Drummond, a Republican, later took the unusual step of acknowledging that prosecutorial misconduct had tainted the case and supported Glossip’s bid for a new trial. The U.S. Supreme Court agreed.
In 2025, the court threw out Glossip’s conviction and death sentence, ruling that prosecutors violated his constitutional right to a fair trial by allowing Sneed, their key witness, to give false testimony related to his psychiatric treatment and lithium prescription. The Court found that because Sneed’s testimony was the only direct evidence of Glossip’s guilt, the jury’s assessment of his credibility was central to the verdict.
Drummond’s office has said it plans to retry Glossip for murder, though it will no longer seek the death penalty. The attorney general has said Glossip did not receive a fair trial but added that he hasn't proclaimed Glossip not guilty.
For now, while he awaits a third trial (set to begin September 28), Glossip is living under strict conditions: He must remain in Oklahoma, wear an electronic monitoring device, follow bond restrictions and avoid contact with witnesses. He is also barred from using drugs or alcohol.