Oklahoma Judge's Ties to Former Prosecutor Raise Question of Impartiality in Death Row Case.
A judge presiding over a death row case has been forced to consider recusing herself from the high-profile trial after revelations about her past connections to one of the prosecutors who sent the defendant, Richard Glossip, to death row. Oklahoma County Judge Susan Stallings had been defending her refusal to step down from the third trial of Glossip despite her ties to former prosecutor Fern Smith, a key figure in Glossip's conviction.
In a Rule 15 hearing, Glossip's defense attorneys asked Stallings if she believed she could be impartial in presiding over the case given her past relationship with Smith. Stallings explained that while she had worked for Smith during her time at the Oklahoma County District Attorney's Office in the early 1990s, and had praised Smith as a formative influence on her career. However, Stallings also acknowledged taking a trip to Spain with Smith in 1997.
The defense team argued that this trip suggested a closer relationship between Stallings and Smith than the judge had let on, and that it would be unfair for Stallings to preside over Glossip's case given this potential conflict of interest. In a statement attached to Glossip's recusal motion, prosecutors acknowledged that their client had "vastly overstated" Stallings' connection to Smith, but they argued that the judge's past relationship with her former boss, David Prater, also raised concerns about her impartiality.
Glossip's lawyers pointed out that Stallings presided over an evidentiary hearing in a different case involving another defendant who had been convicted of murder and was facing execution. In that case, Stallings had found the prosecutor, Fern Smith, credible despite criticisms from defense attorneys that she had given more attention to Smith's testimony than to anyone else's.
The Oklahoma County District Court will hold an evidentiary hearing on October 30th to determine whether Stallings can remain impartial in Glossip's case. If she recuses herself, the court may consider Stallings' ties to both Prater and Smith as evidence that she cannot preside over Glossip's trial fairly.
A judge presiding over a death row case has been forced to consider recusing herself from the high-profile trial after revelations about her past connections to one of the prosecutors who sent the defendant, Richard Glossip, to death row. Oklahoma County Judge Susan Stallings had been defending her refusal to step down from the third trial of Glossip despite her ties to former prosecutor Fern Smith, a key figure in Glossip's conviction.
In a Rule 15 hearing, Glossip's defense attorneys asked Stallings if she believed she could be impartial in presiding over the case given her past relationship with Smith. Stallings explained that while she had worked for Smith during her time at the Oklahoma County District Attorney's Office in the early 1990s, and had praised Smith as a formative influence on her career. However, Stallings also acknowledged taking a trip to Spain with Smith in 1997.
The defense team argued that this trip suggested a closer relationship between Stallings and Smith than the judge had let on, and that it would be unfair for Stallings to preside over Glossip's case given this potential conflict of interest. In a statement attached to Glossip's recusal motion, prosecutors acknowledged that their client had "vastly overstated" Stallings' connection to Smith, but they argued that the judge's past relationship with her former boss, David Prater, also raised concerns about her impartiality.
Glossip's lawyers pointed out that Stallings presided over an evidentiary hearing in a different case involving another defendant who had been convicted of murder and was facing execution. In that case, Stallings had found the prosecutor, Fern Smith, credible despite criticisms from defense attorneys that she had given more attention to Smith's testimony than to anyone else's.
The Oklahoma County District Court will hold an evidentiary hearing on October 30th to determine whether Stallings can remain impartial in Glossip's case. If she recuses herself, the court may consider Stallings' ties to both Prater and Smith as evidence that she cannot preside over Glossip's trial fairly.