Third judge recuses from Richard Glossip case over ties to past prosecutors

OKLAHOMA CITY (KFOR) — A third judge has recused herself from Richard Glossip’s latest trial after defense attorneys argued she had personal ties to prosecutors accused of misconduct in Glossip’s 2004 conviction.

Glossip’s attorney, Don Knight, said recent judicial appointments have undermined the fairness of the retrial ordered earlier this year.

“You can’t have a fair trial if you don’t have a fair judge,” Knight said.

He argued several Oklahoma district court judges assigned to the case have had close ties to the Oklahoma County District Attorney’s Office—the same office responsible for Glossip’s now-vacated conviction.

“What has been happening in this case over the past few months now is the Oklahoma district court has been appointing criminal judges to this case who have deep ties with the same office, the same Oklahoma district attorney’s office who twice prosecuted Mr. Glossip based upon official misconduct within that office,” Knight said.

Glossip was first convicted in 1998 for the murder-for-hire of motel owner Barry Van Treese. That conviction was vacated in 2001. He was retried and sentenced to death again in 2004.

But in February, the U.S. Supreme Court threw out the 2004 conviction, finding the lead prosecutor, Connie Smothermon, allowed false testimony and ordered the destruction of a box of evidence.

Investigations also found assistant prosecutor Fern Smith was aware of the misconduct.

Oklahoma Attorney General Gentner Drummond ordered a new trial this spring.

“He said unlike past prosecutors who allowed a key witness to lie on the stand, my office will make sure Mr. Glossip receives a fair trial based on hard facts, solid evidence and truthful testimony,” Knight said.

The first judge assigned to the case denied Glossip bond, then recused in August after Glossip’s team presented evidence she was friends with Smothermon.

“She didn’t tell us about that before she showed up. She should have told us about that relationship,” Knight said.

The second judge stepped down in September, also over alleged ties to past prosecutors.

Then Judge Susan Stallings was appointed. Knight said she, too, had a personal relationship with Fern Smith.

“We said there was enough of a relationship based upon one travel trip she admitted she had with Fern Smith in 1997 to ask her to recuse herself. She refused,” Knight said.

Knight requested a formal hearing, which was held Thursday.

“Fern Smith was on the witness stand and she said, ‘I had two other trips, three total with Judge Stallings,’” Knight said.

He also introduced a May 2025 email exchange between Stallings and Smith congratulating each other on recent court victories.

“As far as Judge Stallings was concerned, she had almost nothing to do with Fern Smith over the past several years. But obviously, based upon that e-mail, that wasn’t true. So after having that hearing yesterday, Judge Stallings recused from the case as well,” Knight said.

A fourth judge will now need to be assigned.

“Attorney General Drummond should sit down with me and we should agree we want a fair judge,” Knight said.

News 4 reached out to Drummond’s office Friday. A spokesperson said:

“The Attorney General’s Office is committed to ensuring Richard Glossip receive a fair trial before a fair judge.”