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We have covered the extensive post-conviction and appellate proceedings of Richard Glossip’s death sentence many times before on the blog (most recently here). Glossip has been on death row in Oklahoma since his 1998 conviction for allegedly orchestrating the brutal killing of a hotel owner. On Tuesday, the U.S. Supreme Court granted Glossip a new trial after finding that the prosecution knowingly failed to correct false and misleading testimony at trial. Specifically, the prosecution knew its star witness, Sneed, was lying when he denied having seen a psychiatrist and denied having been prescribed lithium, a medicine typically used to treat severe mental illnesses. Sneed admitted to killing the victim and agreed to testify against Glossip in exchange the State taking the death penalty off the table for Sneed’s role in the crime. According to the 5-3 majority: “Correcting Sneed’s lie would have undermined his credibility and revealed his willingness to lie under oath. . . Hence, there was a reasonable likelihood that correcting Sneed’s testimony would have affected the judgment of the jury.” Justices Alito and Thomas dissented, while Justice Barrett concurred and would have sent the case back to the Oklahoma appellate court (Justice Gorsuch recused himself from the case). If tried again, it would be Glossip’s third capital trial related to the killing. SCOTUSblog has the story here, or you can read the case for yourself here. Read on for more criminal law news.
Proud Boys Leader Again Arrested at the Capitol. Enrique Tarrio was sentenced to 22 years in prison for seditious conspiracy relating to his role in the Jan. 6, 2021 riot at the Capitol building. Tarrio’s sentence was commuted by President Trump as one of the President’s first acts in office. Now a free man, Tarrio was back at the Capitol last week, where he allegedly assaulted a female protestor by hitting the woman’s arm as she attempted to film him. Video of the incident was shared with U.S. Capitol Police, who promptly charged him with simple assault. The AP News has the story here. Tarrio is among several recipients of presidential clemency who have subsequently been arrested by law enforcement in connection with other crimes.
Storage Unit Abduction. A woman is facing first-degree kidnapping and attempted murder charges in connection with her alleged act of locking her boyfriend in a storage unit for nearly four days in Monroe, NC. The man eventually located his cell phone and contacted 911, leading to his rescue. The story is light on details, and it is unclear what led to the incident.
Bigamy Doesn’t Pay. An Indiana woman ran afoul of authorities this week when it came to light that she had allegedly married her biological father while already married to another man. The woman filed a marriage application attesting that she was not closely related to the groom-to-be and that he was not a convicted sex offender—both of which were false. Her father is currently serving time in prison for a probation violation and the woman was apparently attempting to obtain her father’s monthly check from Veteran’s Affairs. After the two were married, the woman’s sister reported the suspected fraud to the police. The woman is facing charges of bigamy and falsifying a marriage application. Law and Crime has the story, here.
Puppy Seizures? One bulldog puppy has been recovered while another remains missing following a brazen theft from a suburban community near Denver, Colorado this week. According to the report, three men entered Perfect Pets on Sunday. One of the men pretended to be experiencing a seizure, distracting store employees and allowing his co-conspirators to make off with the two thoroughbred pups. The culprits then attempted to sell the puppies on the street. A passerby purchased one of the puppies for $1,500 but returned the puppy to the store once she recognized the canine’s picture from media reports about the incident (the store’s price for the animals was $4,299 apiece). The incident was captured on security cameras and police quickly recognized and apprehended the man who faked the seizure. Investigation into the other suspects is ongoing, and police have requested assistance from the public in identifying the other puppy pilferers. While Colorado does not appear to have a law comparable to North Carolina’s G.S. 14-81 (Larceny of horses, mules, swine, cattle, or dogs), it appears the suspects will be facing felony charges based on the value of the animals. See CRS-4-401(2)(f) & (g).
Obscenity or Art? Police in Fort Worth, Texas are facing calls to return photographs seized from an exhibit at the Fort Worth Modern Art Museum. Sally Mann is a well-known and popular American photographer whose work has been displayed in museums all around the world. She submitted black-and-white photos of her nude children for show at the museum as a part of a larger exhibit called Diaries of Home. A local website and some local politicians have decried the work as child pornography and demanded removal of the offending images. Local police obliged, taking four of the photographs into custody, preventing further exhibition of the images. Mann denies that the photos are exploitative, claiming, “I was just a mother photographing her child as they were growing up.” Civil rights organizations are demanding the immediate return of the photos as artistic expression protected by the First Amendment. Under Miller v. California, 413 U.S. 15 (1973), only material that lacks any “serious literary, artistic, political, or scientific value” can be restricted by the government as unprotected obscene speech. According to the report, Mann faced similar criticism of her work in the early 1990s.
Florida Man Games. For the second year in a row, the Florida Man Games will be taking place this Saturday near St. Augustine. Once again, local police officers are lending a hand for the ‘Evading Arrest Obstacle Course,’ where participants attempt to outrun the officers after stealing copper pipes and catalytic converters. Other contests include the Gator Throw, the Lawnmower Race, the Mechanical Gator, and the Hurricane Party Prep: Grocery Aisle Brawl. The contest is open only to Floridians over 18 years old, but anyone is welcome to attend the festivities. Contestants will be vying for the grand prize of $5,000 and a snakeskin champion belt.
New Episode of the N.C. Criminal Debrief. Episode #17 of the North Carolina Criminal Debrief podcase was released this week. You can listen here or wherever you listen to podcasts. This episode discussed recent Second Amendment developments, due process protections from irrelevant and prejudicial evidence, a recent Confrontation Clause decision by the North Carolina Supreme Court, and more.
I hope everyone has a safe and relaxing weekend. I can always be reached at dixon@sog.unc.edu for any questions, comments, or feedback.
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