One problem with capital punishment is that it’s irreversible. A second problem is that the verdict and sentence are handed out by fallible human beings. A third problem is that our judicial system is not always fair and often dysfunctional.

All of these problems manifest themselves today in the pending execution in Oklahoma of a man who, in the opinion of Oklahoma’s chief law enforcement official, never had a fair trial.

GOVERNMENT SHOULDN'T PROFIT FROM SEIZED PROPERTY

I have no idea whether Richard Glossip is innocent or guilty. But there’s enough doubt that, if I were Oklahoma Gov. Kevin Stitt, I would not take the risk of executing an innocent man.

When Justin Sneed beat motel owner Barry Van Treese to death back in 1997, Sneed admitted to it. He also testified that Richard Glossip had hired him to do it, and this testimony reportedly spared Sneed the death penalty. Glossip was subsequently convicted of murder, but his conviction was overturned. An appeals court found that "the evidence at trial tending to corroborate Sneed's testimony was extremely weak."

Between his first and second trials, the state learned that Sneed had lied about his use of psychiatric drugs, yet it withheld that fact from Glossip's defense during his second trial. Also, the state destroyed evidence before the second trial, the AP reports.

Glossip has maintained his innocence, and Oklahoma’s legislature ordered an investigation into his case. The law firm that the legislature hired, Reed Smith, has issued a series of reports calling the fairness of Glossip’s second trial into question. Reed Smith said it had "uncovered police contamination of the state's star witness, Justin Sneed, the actual killer, who implicated Glossip only after the detectives mentioned Glossip's name to Sneed six times during his interrogation."

Republican Attorney General Genter Drummond stated recently, “I cannot stand behind the murder conviction and death sentence of Richard Glossip ….”

The problem is that Stitt cannot grant Glossip clemency without a recommendation from the clemency board, and that board recently deadlocked 2-2 on the matter. That means that Glossip is still scheduled to die May 18.

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Glossip’s advocates are appealing his execution on the grounds of the problems found by Reed Smith’s investigation. But 16 days may not be enough time. That’s why they’re asking Stitt to grant a 60-day stay on the execution, based
on the hope that Glossip’s case can be heard by the Supreme Court.

Granting the stay doesn’t declare Glossip innocent. It certainly doesn’t set him free or even guarantee him a new trial. It simply makes it less likely that Oklahoma will kill an innocent man.