Menzies back in court Wednesday as deadline to respond to commutation request nears

KEY TAKEAWAYS

Prosecutors must respond by Wednesday to Ralph Leroy Menzies' commutation request.
Menzies, convicted of a 1986 murder, faces execution by firing squad on Sept. 5.
The Utah Board of Pardons and Parole will have broader latitude in deciding to grant a hearing than it had last year with Taberon Honie.

MURRAY — Prosecutors have until the end of the workday Wednesday to file their response to death row inmate Ralph Leroy Menzies's request for a commutation hearing.

Menzies, 67, is scheduled to be executed by firing squad on Sept. 5. He was convicted of killing Maurine Hunsaker, a 26-year-old mother of three who worked at a gas station in Kearns, in 1986.

Last week, attorneys for Menzies filed a petition with the Utah Board of Pardons and Parole requesting a commutation. The board has the power to change Menzies' death sentence to life in prison without the possibility of parole.

On Tuesday, Board Administrator Jennifer Yim outlined the steps of the commutation process. Much of the process will be similar to last year's commutation hearing that was granted to Taberon Dave Honie before he was executed.

After Menzies' death warrant was signed, his attorneys had seven days to file a petition for a commutation hearing, which they did last week. The state then has seven days to respond. That deadline is Wednesday at 5 p.m.

Once the petition and response are filed, the pardons board will determine whether to grant a hearing.

Yim noted Tuesday that there is one key difference between the decision-making process for Menzies versus the decision process for Honie. In 1992, state lawmakers changed the statute on what the board may consider when deciding a commutation case.

"Because Mr Menzies was sentenced in 1988, those newer statutes will not apply. Essentially, what that means is the board will have very broad latitude in determining whether or not to grant a hearing in this case because those statutes do not affect Mr. Menzies," she said.

Death row inmate Ralph Menzies attends 3rd District Court in West Jordan on Wednesday, Oct. 3, 2007, without the presence of an attorney. (Pool Photo by Francisco Kjolseth/The Salt Lake Tribune 10/03/2007) (Photo: Francisco Kjolseth)

Under the new rules, board members cannot consider constitutional issues previously raised by the court, issues that should have been raised by the court, or issues subject to judicial review. Those rules will not apply to Menzies when deciding whether to grant a commutation hearing before the full five-member board of pardons.

Honie was granted a commutation hearing last year, as was Ronnie Lee Gardner in 2010. The board ultimately rejected their arguments, however, and both executions proceeded as scheduled. Gardner was the last Utah inmate put to death by firing squad.

"The board exists in a situation where it has the right to issue pardons and parole; that's part of its constitutional duty. Commutation is one of those main duties. What we are not, are courts. So the board will stay within its own lane in order to promote the best functioning of government and will not attempt to relitigate anything that has been litigated in the past," Yim said.

"What we will consider is what is raised in the petition filed by the petitioner and the state's response."

When asked whether Menzies' competency — something his attorneys have argued is rapidly declining — would be considered if he is granted a hearing, Yim said, "The judge has issued the death warrant. The judge has determined competency. Those things, unless changed by the court, will not be considered by the board."

Menzies is scheduled to be back in court on Wednesday, when a judge will once again consider whether to grant a full hearing to address his competency.

If a commutation hearing is granted, "the petitioner may present testimony and provide supporting arguments concerning the issues raised in a given petition. The state may also present testimony and provide argument against the petition. Victims will also be given an opportunity to be heard at the hearing," according to the board.

Once the hearing is completed, the board will have until Sept. 5 to make a decision.

Due to the recent departure of Utah Board of Pardons and Parole Chairman Scott Stephenson, and board member Dan Bokovoy recusing himself from any hearing because he was formerly the Department of Corrections' legal counsel, two pro-tem board members will help fill the five seats if a hearing is granted.

The Key Takeaways for this article were generated with the assistance of large language models and reviewed by our editorial team. The article, itself, is solely human-written.