Judge denies Ralph Menzies' request for another competency evaluation

Yahoo

11 hours ago

Ralph Menzies appears during his commutation hearing before the parole board at the Utah State Correctional Facility in Salt Lake City as he petitions to stop his execution by firing squad on Wednesday, Aug. 13, 2025. (Pool photo by Bethany Baker/The Salt Lake Tribune)
A judge has denied a request from Utah death row inmate Ralph Menzies to undergo another evaluation to see if he's competent to be executed, clearing a major hurdle for the state to proceed with his firing squad execution.
Utah 3rd District Judge Matthew Bates denied the 67-year-old inmate's request on Thursday morning, writing that he is 'unpersuaded' by the claim that Menzies, who has dementia, is mentally unfit to be executed.
State and federal law prohibit executing inmates who don't have a 'rational understanding' of why they're being executed, which essentially means they can't grasp the government's reasoning behind pursuing the death penalty.
For much of the last year, attorneys have tried to argue that Menzies lacks that understanding. Menzies underwent a competency evaluation about a year ago, where doctors commissioned by the state, and his attorneys, reviewed the inmate's cognitive abilities. In June, Bates ruled that he does have dementia, but was not incompetent.
Menzies' attorneys say terminal illness and good behavior are reasons to spare him from firing squad
Menzies' attorneys then filed a petition for another review in July, arguing that Menzies' dementia has worsened — that's what Bates denied on Thursday.
Menzies, convicted of kidnapping and murdering Maurine Hunsaker in 1988, is scheduled to die on Sept. 5. His attorneys still have a pending appeal with the Utah Supreme Court, with arguments set for next week. The Utah Board of Pardons and Parole is also holding a commutation hearing, where board members could vote to impose a life sentence without the possibility of parole (although that has never happened in Utah).
But Bates' ruling on Thursday allows the Utah Department of Corrections to continue moving forward with their plans to execute Menzies. Had they ruled in his favor, it would have likely paused execution proceedings, giving doctors time to conduct their evaluation.
Both Menzies' attorney and Matt Hunsaker — Maruine's son — reacted to the news Thursday. Hunsaker said he was 'very pleased' with the ruling.
'I had no doubt that Judge Bates spent a lot of time and a lot of effort,' Hunsaker said. 'I'm happy that this step is over and that we can now focus on getting this commutation (hearing) over as well.'
Eric Zuckerman, Menzies' attorney, called the ruling disappointing, telling Utah News Dispatch that it 'may result in the execution of a man who does not understand why he is being executed.'
SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
'Mr. Menzies has not been evaluated by an independent evaluator for over a year and to proceed with his execution without an assessment of his current cognitive functioning offends the Constitution and will not serve the ends of justice,' Zuckerman said.
Bates, in his ruling, cited phone calls from the prison that show Menzies is still able to hold conversations and understand the basics of his case. There is a change in his voice, Bates writes, which 'sounds weaker and more tired.'
'Even so, Menzies is able to speak with a normal speed. He is able to ask questions, track conversations, and laugh at appropriate times. He remembers names of family members, makes plans with family to visit, and even gives a brief update on his court case. Nothing in the current phone conversations demonstrate a substantial change in his cognitive functioning,' the ruling reads.
Bates also said there's a lack of evidence showing that he's disoriented, impaired or doesn't have a basic understanding of the concept of crime and punishment.
'He had a sense of time and place. He was not confused about who the examiners were, who he was, or where he was,' Bates wrote.
Instead, Bates found the reports and evidence submitted simply show that Menzies is physically struggling, with a memory that isn't as good as it used to be — not enough to be deemed incompetent.
'Forgetfulness, an inability to concentrate, and a paucity of language do not amount to a lack of an ability to reach a rational understanding of the link between crime and punishment. Menzies has not alleged sufficient facts or provided sufficient evidence that raises a significant question of whether Menzies is incapable of understanding that he is being executed because he killed Maureen Hunsaker,' Bates wrote.
SUPPORT: YOU MAKE OUR WORK POSSIBLE
Solve the daily Crossword