In a likely final attempt at clemency, Ralph Menzies' legal team is trying to convince the Utah Supreme Court that a lower court made a mistake in its rulings regarding his mental capacity.
In 1988, Menzies received a death sentence for the 1986 murder of 26-year-old Utah mother Maurine Hunsaker. After nearly 40 years on death row, Menzies is now 67 and has vascular dementia. Utah code and federal law both say a person facing the death penalty must understand why they are dying. His execution by firing squad is scheduled for Sept. 5.
In June, Utah Third District Judge Matthew Bates ruled that, despite Menzies' illness, he is still competent to be executed.
His attorneys then requested a new mental evaluation. They argued his cognitive state had become significantly worse since his evaluation by the Utah Department of Health and Human Services a year prior.
While Judge Bates acknowledged Menzies’ overall condition had declined, he said it wasn’t enough to warrant another judgment. Menzies’ legal team then appealed the ruling to the Utah Supreme Court, which heard arguments Aug. 21.
Lindsey Layer, a lawyer for Menzies, focused on Bates’ decision against a new mental evaluation, arguing the judge’s findings were not accurate.
“The only explanation for that finding that the court gave was that symptoms were from the same categories as symptoms previously,” she said.
In Layer’s view, Bates had ignored Menzies’ new symptoms, including the assignment of an Americans with Disabilities Act aid and a description from his case manager as “not being there” during conversation.
She added that previously considered symptoms have also worsened. Witnesses had once described him as a chatty person, but he now hardly speaks at all. Layer said hygiene issues had also worsened, from forgetting to regularly bathe to sitting in his own urine.
“I think, on any kind of common sense view of what is substantially worse, we have met that standard,” she said.
Menzies’ illness is a progressive disease, Layer noted, so it is always going to get worse. While Justice Paige Petersen said that could warrant new competency hearings, she questioned Layer’s argument.
“If this particular illness is progressive and changes all the time, how do we not end up in this situation repeatedly?” Peterson said.
Following court precedent, prosecutor Daniel Boyer argued it is ultimately up to the trial court to decide whether to reconsider his cognitive state. And Utah code does not favor additional hearings, according to Boyer. It requires a change in circumstances, but states that the change must raise a question about the inmate’s overall competency.
Justice Diana Hagen said the defense did not present facts that met the latter requirement.
The prosecution said recent recordings of phone calls between Menzies and his family members were the best proof of his cognitive function.
“This is an environment which Menzies is not under scrutiny, that he's able to speak freely, and so it's really the best evidence of his language abilities, his abilities to engage in rational thought, to problem solve,” Boyer said.
Layer, however, argued that listening to phone calls doesn't show the full extent of his mental state. She said it leaves out important evidence, such as how many fewer calls he is making and dialing the wrong number.
Earlier this week, the Utah Board of Pardons and Parole denied Menzies’ commutation request. If the court upholds the district court’s rulings, Menzies will be executed by firing squad Sept. 5.
Utah Gov. Spencer Cox commented on the matter at his August monthly news conference. He said there is “nothing more thorough” than the death penalty process. He’s also grateful that, unlike other governors, he is not part of it.
“There are so many levels and layers of appeals and opportunities there,” Cox said. “So if those appeals are denied because the evidence does not support an allegation of dementia, then we will move forward, as required by law.”
