Judge denies Utah death row inmate's request to bar attorney general's office from prosecution • Utah News Dispatch

That would be like the state putting its “thumb on the scales of justice” and potentially affecting the competency review, Menzies' attorney Eric Zuckerman said in a statement Thursday. Zuckerman had requested that the attorney general's office be excluded from representing the state in the future.

On Thursday, 3rd District Court Judge Matthew Bates said he would deny that request during a virtual court hearing. However, the ruling is not yet public, so it is unclear whether there will be any restrictions or reservations for the Attorney General's Office. Bates said the verdict would be released Friday afternoon.

“If the Utah Attorney General is allowed to continue to represent the state in this case, we cannot have confidence that Ralph Menzies’ competency trial will be fair and impartial,” Zuckerman said. “Due process requires that the government not place itself on the scales of justice by sharing confidential information between companies with conflicting interests.”

The attorney general's office had not responded to the Utah News Dispatch's request for comment as of Thursday afternoon.

Menzies kidnapped 26-year-old Maurine Hunsaker in 1986 while she was working as a cashier at a gas station in Kearns. According to court documents, he took her up Big Cottonwood Canyon and kept her overnight at a picnic area. Two days later, her body was found tied to a tree with her throat slit.

In 1988 Menzies was convicted of kidnapping and aggravated murder. He was sentenced to death by firing squad.

Before he is executed, Ralph Menzies has to check his competence. His lawyers argue that this is not fair

In the decades since the murder, Menzies' health has deteriorated significantly, so much so that his lawyers are prepared to argue that he is not competent enough to face execution.

Menzies was diagnosed with dementia in March 2023 after falling several times, his lawyers wrote in court papers, and an MRI scan revealed that his brain tissue was deteriorating, leading to memory loss and reduced cognitive function.

In a five-day hearing beginning November 18, Bates will hear arguments for and against Menzies' competency. Even though court documents suggest Menzies is in a deteriorating mental state, preventing execution on the grounds of incompetence requires a high hurdle that is rarely met in death penalty cases, lawyers say.

Under Utah law, the assessment must take into account whether Menzies is aware of his impending execution and whether he knows that his murder conviction is the reason for it. State law also requires an assessment of his mental health disorder and whether psychoactive medications are necessary to “maintain or restore the inmate’s competency.”

Because Menzies is in such poor health, his lawyers argued that he should be exempt from attending the hearing in person. Driving back and forth from the jail to the courthouse, wearing shackles and sitting in the courtroom during the hearing would make him uncomfortable, Zuckerman said in court Thursday.

Additionally, Menzies' presence could delay proceedings if he requires special arrangements or breaks for health reasons.

But Matt Hunsaker, Maurine's son, fought back. If Menzies does not attend the hearing and the judge decides he is competent enough to face execution, that could open the door to another appeal. Menzies could argue that his lawyers forced him not to appear, Hunsaker said.

“He'll be able to basically say, 'My lawyers forced me to do this.' … I firmly believe his absence opens the door for appeals,” Hunsaker said during the hearing.

“He was the one who filed this lawsuit in court,” Hunsaker said. “He’s the one asking about it. Now he says, 'I don't want to be there.'”

Ultimately, Bates ruled that Menzies was required to attend at least the first day of the hearing. The court will then decide whether he has to come back in the following days.