The family of a man found slain in an Oklahoma City hotel room is asking the Supreme Court to ensure the convicted murderer is put to death, more than 10,000 days after the killing, despite the state now asking for a third trial.

The Van Treese family wants to see the execution of Richard Glossip “carried out without further delay,” their lawyer told the justices in a filing ahead of the court’s hearing over the death penalty case Oct. 9.

Barry Van Treese was found dead Jan. 7, 1997, in an Oklahoma City hotel. He was reportedly confronting the manager, Glossip, over concerns about embezzling money.

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Glossip has taken his appeal to the high court after it was discovered prosecutors had withheld information about their key witness’ use of lithium.

Even the state of Oklahoma now, through Attorney General Gentner Drummond, is calling for the Supreme Court to order a new trial yet again.

“Glossip’s conviction and capital sentence cannot stand,” he wrote. “Regrettably, the Oklahoma Court of Criminal Appeals refused to accept the State’s confession of error, instead reaching the extraordinary conclusion that Glossip’s execution must go forward notwithstanding the State’s determination that his conviction is unsustainable.” 

Mr. Drummond says that the Oklahoma Court of Criminal Appeals decision can’t be the final word, calling on the justices to step in on behalf of the state and Glossip.

“Even at this late stage of his case, after Mr. Glossip has faced nine execution dates, new evidence continues to emerge that the State knew full well that the evidence it used to convict him and sentence him to death was false,” Glossip’s attorneys argued to the justices.

The Supreme Court has put the execution on hold as it weighs the case. 

When Van Treese went missing in 1997, Glossip did not take part in the search but led authorities down the wrong path through false statements, the filing asserts.

“Glossip’s statements and actions in the time between Van Treese’s last known sighting and his discovery in Room 102 at the Oklahoma City motel caused investigators great concern,” the family told the high court.

Glossip allegedly hired Justin Sneed to carry out the slaying. Sneed confessed to authorities, implicating both of them and testified for the state against Glossip at trial. 

Glossip was convicted but later was granted a second trial after winning an appeal over the ineffective assistance of counsel. The second trial also rendered Glossip guilty and he was sentenced to death.

A ruling is expected by the end of June.