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Execution would be Oklahoma’s first since ruling on drugs
Sneed, a handyman at the motel, was sentenced to life in prison for fatally beating Van Treese with a baseball bat. He said the inmate claims Sneed bragged with other prisoners about setting up Glossip for the fall. Prosecutors allege Glossip masterminded the killing at the motel in Oklahoma City because he was afraid Van Treese was about to fire him for embezzling money and poorly managing the inn. Sneed cut a deal with the state to testify against Glossip, who had no criminal record, in exchange for a life sentence.
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Glossip’s attorneys say he is lying and point out that in the interview he made a new claim which he had never raised before, to explain why there was no physical evidence linking Glossip to the crime.
Glossip is scheduled to be put to death Wednesday. His attorneys appeal.
In a brief, one-page order, the court ruled that a rehearing is not proper for post-conviction appeals. The court said that the drug did not violate the U.S. Constitution’s ban on cruel and unusual punishment.
As Glossip’s innocence claims gained notable attention, Gov. Mary Fallin and Oklahoma Attorney General Scott Pruitt defended his murder for hire conviction. The state later argues that an improperly placed intravenous line – not its new mix of drugs – was the culprit in the problematic execution. She handles all emergency requests for the state of Oklahoma and may act on it herself, or turn the decision over to the entire Supreme Court.
December 22, 2014 – A federal judge declares Oklahoma’s lethal injection protocol constitutional.
Henricksen said they are considering filing a motion for the court to reconsider in light of the additional witness and will continue to appeal Glossip’s execution through the U.S. Supreme Court.
Wednesday morning, Glossip is hoping either Governor Fallin steps in to stop today’s execution or the U.S. Supreme Court issues a last minute stay. But two of the court’s liberal justices also noted they would be open to a legal challenge to the death penalty’s constitutionality in the future, meaning Glossip may have opened the door for a separate landmark court case.
Glossip’s execution was delayed earlier this month after his attorneys filed an appeal with the state’s Criminal Court of Appeals.
Glossip spoke to Sky News on the telephone from his cell in Oklahoma State Penitentiary just as he was being served his last meal.
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“While finality of judgment is important, the state has no interest in executing an actually innocent man. An evidentiary hearing will give Glossip the chance to prove his allegations that Sneed has recanted, or demonstrate to the court that he can not provide evidence that would exonerate him”, she wrote.