OKLAHOMA CITY – While the Oklahoma Court of Criminal Appeals rejected a death row inmate’s plea for a stay, his attorneys say they will not stop fighting.
Richard Glossip is set to die on Wednesday, Sept. 30 at 3 p.m.
Glossip was convicted of murder for the 1997 death of motel owner Barry Van Treese, though Glossip wasn’t the actual killer.
The man who bludgeoned Van Treese to death, Justin Sneed, testified that Glossip hired him for the murder.
"This is not it, we still have 48 hours at least to work on this case and we can't give up because we have a man that's going to be put to death," Lanita Henricksen, one of Glossip's attorneys said.
Glossip has been on death row for 17 years now, and once again, the court has denied his stay.
Court documents say, "Further, Glossip's motion for an evidentiary hearing and motion for discover is denied. Any further request for a stay of execution is also denied."
"With all the factors around this case, you cannot give up, and we won't," Henricksen said.
Justin Sneed is currently serving a life sentence. He admitted to the murder and accepted a plea deal stating Glossip ordered Sneed to carry out the murder.
According to attorneys, in earlier documents filed by the state, new evidence by Sneed's cell mates would not be credible because "no one should believe the sworn word of 'an admitted liar, drug abuser, and thief.'"
"Those witnesses are no worse than Justin Sneed, no less believable than Justin Sneed, and those witnesses didn't commit murder. Justin Sneed beat someone to death with a baseball bat, those witnesses didn't... Why are they not credible?" Henricksen said.
Glossip's attorneys say it's outrageous, and other experts agree.
"I am shocked! We don't guess people into death row. If the law is going to be applied fairly and equally, Richard Glossip's entitled to a hearing," Garvin Issacs, an attorney and law expert, said.
But in documents, the court argues "Glossip's 'new' evidence merely expands on theories raised on direct appeal."
"How much is it going to take of the same kind of evidence? Do they need five more witnesses to come forward or 10 more witnessed to come forward, or will 100 never be enough," Henricksen said.
Glossip’s attorneys confirmed to NewsChannel 4 that they will appeal to the U.S. Supreme Court.
This case has received national attention. Here are a few reactions on social media from today's ruling.
Actress Susan Sarandon posted to Facebook a statement saying in part, our judicial system in broken and our only hope now lies with the supreme court.
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And anti-death penalty activist sister Helen Prejean tweeted out:
The court's majority is wrong. I agree with Judge Smith: Oklahoma has no interest in executing an innocent man. #richardglossipisinnocent.
The court's majority is wrong. I agree with Judge Smith: Oklahoma has no interest in executing an innocent man. #RichardGlossip is innocent.
— Sister Helen Prejean (@helenprejean) September 28, 2015
Once again, Glossip's attorneys plan on appealing to the highest court in the United States.
We'll keep you informed on when that happens.