A man who faced execution nine times and had his conviction vacated by the U.S. Supreme Court is asking a judge to enforce what he says is an agreement between him and the state's attorney general that could set him free immediately.
But while Oklahoma Attorney General Gentner Drummond's office acknowledges that there were discussions about a plea deal with Richard Glossip, they said no formalized agreement was reached.
Glossip's attorneys though said Drummond in 2023 agreed to let the then-death row inmate plead guilty to accessory after the fact and receive a 45-year sentence in connection with the 1997 killing of Oklahoma City motel owner Barry Van Treese, according to court documents filed Wednesday.
With good time credits, Glossip would be eligible for immediate release, his legal team said.
In return, Glossip, who was twice convicted and sentenced to death for paying another man to kill his boss, would not seek damages from the state, the filing said.
The agreement is an enforceable lawful contract, the filing argues.
Glossip's attorneys said the plea agreement was agreed upon before the U.S. Supreme Court decided to consider the case. In February, the nation's highest court determined Glossip's constitutional rights were violated because prosecutors withheld evidence that would have aided his defense.
The nation's high court vacated the conviction, a move Drummond supported.
Last month, Drummond said Glossip would not face the death penalty, but would be re-prosecuted with non-capital murder charges. He was seeking a life sentence, Drummond said then.
Drummond's office said in court filings Wednesday that it wasn't until June 28, four months after the nation's high court ruled, that Glossip's lead attorney suggested there was a binding agreement. They said it was never executed.
A plea bargain is not binding on either party unless and until the court accepts it, the state argued.
"Contrary to defense counsel's abrupt, new theory, the parties have never reached a plea agreement in this matter," the state's filing said. "Defense counsel premises the existence of a supposedly binding agreement on an email exchange between himself and Attorney General Drummond on April 1, 2023."
In addition, Drummond could not have lawfully approved a plea agreement without consulting the victim's family, the state's filing said.
The victim's family has criticized Drummond for advocating for clemency and his handling of the case. Drummond said although he didn't think Glossip was innocent, he didn't get a fair trial.
The Oklahoma Pardon and Parole Board in 2023 declined to recommend clemency. Glossip is being held in the Oklahoma County jail after being transported from Oklahoma State Penitentiary, while awaiting a new trial.
The man who confessed to beating Van Treese to death, Justin Sneed, is serving life without the possibility of parole. Sneed has said Glossip paid him to kill Van Treese.
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