- Judge Matthew Bates is considering whether to take up a petition questioning Ralph Menzies' competency for execution.
- Menzies, 67, was convicted of a 1986 murder, and the judge signed an execution warrant setting his execution for Sept. 5.
- The defense argues Menzies' health has deteriorated; prosecutors counter there's evidence showing he is competent.
WEST JORDAN — A 3rd District judge is now considering whether the court should address a renewed petition claiming the health of a death-row inmate set for execution, Ralph Leroy Menzies, has deteriorated so much over the last months that he is no longer competent enough for execution.
Matthew Bates heard arguments from attorneys on Wednesday and said he would consider them and publish a written decision "as quickly as possible." Wednesday is also the final day for prosecutors to respond to a petition for clemency filed by Menzies before the Board of Pardons and Parole.
Menzies, 67, is scheduled to be executed on Sept. 5. He was found guilty of murdering Maurine Hunsaker, a 26-year-old mother of three who worked at a gas station in Kearns, in 1986. She called to tell her husband she had been abducted, and her body was found in Big Cottonwood Canyon two days later.
Menzies was rolled into the courtroom in a wheelchair on Wednesday wearing an orange jumpsuit.
Bates scheduled Wednesday's hearing at the same time as he signed the man's execution warrant, deciding the request was not a reason to delay. The petition was filed about a month after Bates ruled Menzies was competent — following a process that spanned over a year, involving multiple evaluations and hearings.
Menzies has appealed Bates's June decision that he is competent, and the Utah Supreme Court is considering the appeal. The due dates for briefs in that case are in August.
'Playing a game'
Hunsaker's son, Matthew Hunsaker, said after the attorneys' arguments on Wednesday that Menzies has denied killing his mom for 39 years and has "lied consistently," questioning if Menzies is "just playing a game."
He said the man is educated and has "played the system long enough," searching for a technicality that could "spare his life and basically deny justice from my mom." Matthew Hunsaker said if the request to consider competency is granted and the judge again rules he is competent, Menzies will just request another appeal or renew his claim.
"This is never going to stop … let's just get this over with. We've been drug through for 39 years," he said.
Daniel Boyer, assistant attorney general, argued Menzies' petition did not meet the standard required to consider competency again. He argued Menzies still knows Maurine Hunsaker is the victim, which suggests he also understands he is convicted of killing her.
The prosecutor said 13 recent phone calls, which have not yet been shared with the judge, would be relevant to his decision and show Menzies' current language skills. But he added that Bates would need to change an order he made in the case before they could be shared with him.
Boyer said they did not request a follow-up report from their expert because they believe Menzies' competency needs to be considered — he said prosecutors "have no doubt he is competent." Instead, he said it was so the evaluator would have current information when testifying at a possible commutation hearing, responding to claims that Menzies deserves mercy because of his mental health.
'Constitutionally intolerable'
Eric Zuckerman, Menzies' attorney, argued his dementia has gotten worse, as he said each of the experts said would happen. He said the life expectancy for someone with vascular dementia is five years, and Menzies was diagnosed two years ago. He said Menzies is now assigned an Americans with Disabilities Act worker and is on supplemental oxygen — changes from previous competency hearings.
The attorney said Menzies cannot have a rational understanding of why he is being executed and may not meet the standard for awareness. He said the court is bound by the Eighth Amendment and cannot execute someone who is not competent — but Menzies has not had an independent competency evaluation in almost a year.
"This court cannot allow an execution to go forward where there is a substantial question about his competency," Zuckerman said. "Allowing it to go forward when we have presented this evidence, uncontested, is constitutionally intolerable."
He said the most important piece of evidence comes from Menzies' case manager, who said his mental health has been deteriorating over the last six months and especially in the last few months. He said her account alone should be enough to determine that further evaluation is warranted.
Bates asked why Menzies' decline was not brought up before his June 6 ruling that the inmate was competent.
"It seems like a lot of what you're describing was actually the state of things before I made my determination," he said.
Zuckerman said they brought it up as soon as they had the records from Menzies' recent mental health evaluation.
He said a second look into Menzies' competency does not have to take as long as the last one because the court has already determined he has dementia, suggesting the competency hearing could happen in 60 days, and an execution date could be set in a hearing on the following day.
Zuckerman said he would not be opposed to the court reviewing the phone calls Boyer referenced, but said he does not think the prosecutor characterized them accurately.
"All we're asking for is an independent (Department of Health and Human Services) evaluation for the first time in a year, so that if this court is going to allow the execution to go forward, it can do so with the confidence that it will not happen in violation of the Eighth Amendment," he said.
The Board of Pardons and Parole Board will determine whether to hold a commutation hearing after receiving prosecutors' response to Menzies' request. Administrator Jennifer Yim said on Tuesday that Menzies' competency would not be considered at the hearing, since it is determined by Bates.
