SALT LAKE CITY — The state's top court has scheduled arguments over whether to halt condemned killer Ralph Leroy Menzies' firing squad execution.
In orders, the Utah Supreme Court scheduled arguments for August 21 to hear an appeal by Menzies' defense team. They are challenging a lower-court judge's decision that found Menzies competent enough to be executed. Menzies' lawyers argue that he has dementia and to execute him would be against the 8th Amendment to the U.S. Constitution.
On Wednesday, Menzies' lawyers were back in court to seek another mental competency evaluation, arguing that his condition has deteriorated further. The son of his victim told the judge that Menzies is "playing games."
Judge to decide if Menzies' execution goes ahead or new evaluation:
Menzies is facing a Sept. 5 execution date for the 1988 kidnapping and killing of Maurine Hunsaker, who was taken from her job, tied to a tree and her throat was slit. Her son, Matt Hunsaker, told the judge they have waited 39 years for justice in the case.
Judge Matthew Bates has not yet ruled on whether to order a new competency evaluation.
