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SALT LAKE CITY — One of Utah's death row inmates is taking his case to the Utah Supreme Court.
Floyd Eugene Maestas, 55, was sentenced to die following a 2008 jury trial in connection with the 2004 stomping death of 75-year-old Donna Lou Botts. Defense attorneys filed a motion requesting a new trial claiming juror misconduct, which was denied by 3rd District Judge Paul Maughan.
In the motion, the attorneys claimed that one juror failed to disclose information during jury selection about the problems of her own son involving juvenile court. They argued such information may have gotten her bumped from the panel.
They also argued a second juror voiced her opinion during deliberations that a life sentence without parole doesn't always mean someone won't eventually get parole, which was pointed to as "extraneous information" by the defense.
Maughan ultimately determined that the motion was without merit and was supported only by hearsay affidavits. He also wrote that the attorneys should have questioned the juror about her son's history further, as she alluded to it in jury questionnaire and that the other juror was simply conveying her experience, based on a class she had taken.
Maestas has now appealed to the Utah Supreme Court, which is scheduled to hear oral arguments in the matter Oct. 4.
The appeal, among other things, will challenge the admissibility of DNA evidence in the case, put forth a claim that Maestas is mentally retarded and exempt from the death penalty and that the sentence was affected by the judge's decision that defense attorneys follow their client's wishes to keep any evidence that was potentially harmful to his family out of the sentencing hearing.
Prosecutors say Maestas broke into Bott's Glendale home with the intention to rob the woman. Two other men who also participated in the robbery, but insisted they did not take part in the violence, testified that Maestas beat, strangled and stomped the woman to death.
The same night, the trio also went to the home of an 86-year-old woman who was roughed up and robbed.
Both co-defendants agreed to plea deals with a lesser charge in exchange for cooperating with prosecutors, and they were sentenced to prison terms of one to 15 years.
Email:emorgan@ksl.com
