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MCALESTER, Okla. – A last ditch effort to halt Wednesday’s execution of Richard Glossip was denied Monday.

The Oklahoma Court of Criminal Appeals denied Glossip’s request for a stay of execution and a hearing to review new evidence presented by Glossip’s attorneys.

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.

Sneed, who is serving a life sentence for the crime, testified that Glossip paid him to carry out the murder.

Recently, Glossip’s legal team questioned Sneed’s credibility.

Earlier this month, Glossip’s execution was stayed just hours before he was set to die.

On Monday, the justices decided 3-2 against a stay.

Judges denying the stay wrote, “Glossip’s ‘new’ evidence merely expands on theories raised on direct appeal.”

In the court’s opinion issued Monday, the Judge David Lewis wrote:

“After carefully reviewing Glossip’s subsequent application for post-conviction relief, we conclude that he is not entitled to relief. Accordingly, Glossip’s subsequent application for post-conviction relief is denied. Further, Glossip’s motion for an evidentiary hearing and motion for discovery is denied. Any further request for a stay of execution is also denied.”


However, there were two judges who disagreed with the decision.

“Glossip’s materials convince me that he is entitled to an evidentiary hearing to investigate his claim of actual innocence. I would reset Glossip’s execution date 60 days from now and order the completion of the evidentiary hearing within 30 days,” wrote Judge Arlene Johnson, who voted in favor of a stay of execution.

“Glossip claims to have newly discovered evidence that Sneed recanted his story of Glossip’s involvement, and shared this with other inmates and his daughter. While finality of judgment is important, the State has no interest in executing an actually innocent man,” wrote Presiding Judge Clancy Smith.

Those two votes were not enough for a stay, so now Glossip’s attorneys may either appeal in federal court or get an emergency stay of execution from the U.S. Supreme Court.

Glossip’s execution is set for 3 p.m. Wednesday in McAlester.