Prosecutors have filed a motion asking the Wyoming Supreme Court to set a new execution date for Mark Hopkinson, who has been sentenced to die for ordering the 1979 murder of grand jury witness Jeffrey Green.
Hopkinson's execution date was indefinitely postponed in 1985 at the onset of a series of federal appeals.The state's motion, signed by Attorney General Joe Meyer, said the U.S. Supreme Court last month refused to consider Hopkinson's latest appeal, his fourth before the high court.
Green's mutilated body was found at an I-80 rest area near Evanston on May 20, 1979, two days before he was scheduled to testify before a Uinta County grand jury investigating the 1977 bombing deaths of Evanston lawyer Vincent Vehar and two members of his family.
Hopkinson also has been convicted of ordering the Vehar killings and is serving three consecutive life prison terms in that case.
The state Supreme Court also is considering the immunity claim of a Utah man charged with conspiracy and aiding and abetting Green's murder.
Todd Hall, 47, Salt Lake City, says a Uinta County prosecutor granted him immunity in exchange for testimony against Hopkinson.
The state has argued the prosecutor had no authority to grant immunity and, even if he made the offer, Hall failed to live up to the deal because he gave conflicting testimony.
Another Salt Lake man, Alvin Russell, 37, was convicted last month on conspiracy and aiding and abetting charges in the Green homicide case and is awaiting sentencing.