Latest news with #UtahBoardofPardonsandParole
Yahoo
20 hours ago
- Yahoo
Judge denies Ralph Menzies' request for another competency evaluation
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
Yahoo
09-05-2025
- Yahoo
‘I refuse to live my life in fear': Elizabeth Smart addresses recent Wanda Barzee arrest
Elizabeth Smart says her kidnapper Wanda Barzee's reasoning for recently visiting two Salt Lake parks — a violation of Barzee's sex offender registry status — is something she has heard before. 'Her justification was she was commanded by the Lord, which unfortunately is very familiar to me and is probably the most concerning thing because that's how they justified kidnapping me. I feel like I've been vocal about my concerns since Barzee's initial release, and this incident confirms exactly why," Smart said. Thursday night, Smart publicly addressed Barzee's arrest last week by posting a video message to the Elizabeth Smart Foundation's Instagram page and a corresponding statement on the foundation's website. Smart hopes the arrest will serve as a reminder that survivors need to be a top priority in the legal system. Barzee, 79, who was booked into the Salt Lake County Jail under the name Wanda Mitchell, was arrested last week for investigation of being a sex offender in a protected area. Barzee was spotted in April in Liberty Park and Sugar House Park, places she is forbidden to visit because she is a registered sex offender. She 'admitted that she went to Liberty Park in Salt Lake City … because 'she was commanded to by the Lord,'' and also 'admitted to going to the park to sit on benches and feed ducks. (Barzee) also admitted to going to Sugar House Park in Salt Lake City after being 'commanded' to,' according to a police booking affidavit. Barzee and her husband, Brian David Mitchell, kidnapped then-14-year-old Elizabeth Smart from her home in 2002 and held her captive until their arrests nine months later. Mitchell claimed he was commanded by God to take Smart. After years of court battles over her competency, Barzee pleaded guilty in federal court in 2009 to kidnapping and unlawful transportation of a minor. In 2011, Brian Mitchell was sentenced to life in federal prison. In 2010, Barzee was found competent to proceed in a separate state court case against her. She pleaded guilty and mentally ill in state court to the 2002 attempted kidnapping of Smart's cousin and was sentenced to up to 15 years in prison. After completing her federal prison sentence, Barzee returned to Utah State Prison in April 2016. The Utah Board of Pardons and Parole gave Barzee credit for her time served in federal prison and released her on Sept. 19, 2018, after serving her complete sentence. On Thursday, Smart thanked the Salt Lake City Police Department and Chief Brian Redd for their 'quick and professional response.' 'They handled this situation with a trauma-informed approach, which means so much to me personally,' Smart said. 'When authorities take these situations seriously, it sends a very powerful message that survivor safety matters.' However, while Smart recognizes that 'my case received so much attention … the sad truth is most survivors never see their perpetrators arrested, let alone convicted,' she said, calling the process 'more of a legal system than a justice system.' 'But, we also believe in the possibility of change,' she said on her website. Smart hopes that policymakers and other community leaders will use Barzee's arrest as an example for why survivors need to be front and center in the legal system, and also use her arrest as a reminder 'that sex offender registries and release conditions exist for important reasons.' 'I believe in a future where all survivors can be heard, believed and supported,' Smart said. As for her personal feelings on Barzee's new violations, Smart says she's not going to waste time worrying about them. 'I turned back to the advice my own mother gave me the day I was rescued, where she said, 'They've already stolen nine months of your life away from you. Do not let them steal another second. You need to move forward with your life and you need to be happy.' And I have always tried to follow that advice to the best of my ability. So, although this situation has arisen, I refuse to live my life in fear.' Barzee filed for divorce from Brian David Mitchell in 2004 after their arrests. However, the case was dismissed in 2010 because Mitchell was never served, according to court records, making them still legally married.
Yahoo
03-05-2025
- Yahoo
Elizabeth Smart kidnapper arrested after visiting Utah parks
SALT LAKE CITY (ABC4) — Wanda Barzee, the woman convicted of kidnapping then 14-year-old Elizabeth Smart with her husband in 2002, was arrested and booked into jail on Thursday, according to court records. On May 1, Barzee, 79, was booked into jail, accused of violating Sex Offender Registry requirements by visiting parks in Salt Lake City. Brent Weisberg, spokesperson for the Salt Lake City Police Department, said detectives arrested her at her home without incident. Documents say she told police she went to local Liberty Park to feed ducks in early April because 'she was commanded to by the Lord.' Barzee also reportedly admitted to visiting another area park. Elizabeth Smart celebrates 20 years since her rescue. Here's what she has to say now. Barzee became a registered sex offender after she was convicted for her involvement in the kidnapping and rape of Smart. She served 15 years in prison before being released in 2018. At the time of Barzee's release, Elizabeth Smart asked the Utah Board of Pardons and Parole not to release her kidnapper, saying she was a danger. But officials said Barzee had served her sentence and there was nothing to keep her in prison. She was on probation for five years after her release and was required to participate in a mental health program. According to Utah law, registered child sex offenders are prohibited from going to areas where children congregate — such as parks and schools. Offenders convicted of violating this law are subject to a class A misdemeanor charge, which can be punished with up to a year in jail and a $2,500 fine. Barzee was booked in the Salt Lake County Jail and has since been released. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
02-05-2025
- Yahoo
Elizabeth Smart kidnapper arrested after saying she was ‘commanded' to go to parks: SLCPD
SALT LAKE CITY () — Wanda Barzee, the woman convicted of kidnapping then 14-year-old Elizabeth Smart with her husband in 2002, was arrested and booked into jail on Thursday, according to court records. On May 1, Barzee, 79, was booked into jail for allegedly violating Sex Offender Registry requirements by visiting parks in Salt Lake City. Brent Weisberg, spokesperson for the Salt Lake City Police Department, said detectives arrested her at her home without incident. Documents say she told police she went to Liberty Park to feed ducks in early April because 'she was commanded to by the Lord.' Barzee also allegedly admitted to visiting Sugarhouse Park. Elizabeth Smart celebrates 20 years since her rescue. Here's what she has to say now. Barzee became a registered sex offender after she was convicted for her involvement in the kidnapping and rape of Smart. She served 15 years in prison before being released in 2018. At the , Elizabeth Smart asked the Utah Board of Pardons and Parole not to release her, saying she was a danger, but officials said Barzee had served her sentence and there was nothing to keep her in prison. She was on probation for five years after her release and was required to participate in a mental health program. According to Utah law, registered child sex offenders are prohibited from going to areas where children congregate — such as parks and schools. Offenders convicted of violating this law are subject to a class A misdemeanor charge, which can be punished with up to a year in jail and a $2,500 fine. Barzee was booked in the Salt Lake County Jail and has since been released. Man charged with attempted murder after stabbing Wasatch County patient Lawmakers look into rising insurance costs How to protect your teeth after the fluoridation ban: DHHS offers tips A message for Snoop Dogg: 'Mr. Dogg, where are you?' Trump budget proposal calls for deep cuts to NIH Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
14-04-2025
- Yahoo
Utah parole board launches new ‘trauma-informed' way to keep victims of crimes informed
The Utah State Correctional Facility in Salt Lake City is pictured on Wednesday, Aug. 7, 2024. (Photo by Spenser Heaps for Utah News Dispatch) The Utah Board of Pardons and Parole has announced a new 'trauma-informed tool' meant to better keep victims of crimes informed about parole processes involving their offenders and available services. The board on Monday announced the launch of a MyVoice, a new software designed to better notify victims of crimes of services and other information, including when their offenders have upcoming hearings. 'For years, the Board has relied on an offender management system to access victim information,' the board announced in a news release. 'MyVoice represents a significant shift toward a victim-centered approach, enabling the Board to provide more timely and sensitive notifications regarding hearings that victims have a right to attend, along with introductory information about the post-sentence parole process.' Scott Stephenson, chair of the Utah Board of Pardons and Parole, said in a prepared statement that the board is 'committed to providing trauma-informed notifications to victims, and the launch of MyVoice is a major step in this direction.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX MyVoice's first phase enhances the board's ability to email victims who prefer electronic communication over traditional mail, according to the board. 'It also gives Board staff access to a trauma-informed platform where they can update and manage victim contact information more efficiently,' board officials said. 'In addition, the new system has allowed for important updates to the language used in notification letters, making them more informative about the post-sentence parole process and more considerate of victims' experiences.' Jennifer Yim, administrative director of the board, called the launch of MyVoice a 'major milestone.' 'As an agency, we are committed to continuing the development of this platform to reach our end goal — allowing victims to independently enter and manage their contact information and to offer additional options, such as text messaging notifications,' she said. 'We thank the victim services representatives and victims who have helped us understand the needs of victims to inform this process of improving our services.' The board included a link to templates for four 'victims' notifications letters,' which include information about why the board would be contacting victims, their right to be informed about an upcoming hearing for the offenders, and contact information for victim coordinators that can provide more information about resources that are available to them. 'The Board remains committed to protecting public safety through transparency, accessibility, and delivering services that recognize the rights and experiences of victims throughout the parole process,' board officials said. SUPPORT: YOU MAKE OUR WORK POSSIBLE
