SALT LAKE CITY (AP) -- If he has his way, convicted murderer Joseph Mitchell Parsons could be put to death by lethal injection before the end of the summer.
In handwritten motions filed in federal court this week, Parsons asked that his counsel be fired and his federal appeal withdrawn, clearing the way for his execution."Like other prisoners at other times, he's been in jail long enough and he wants to get on with it," said Greg Sanders, who will remain Parsons' court-appointed attorney until a judge rules on his request.
"Petitioner has been held under the sentence of death for over 11 years and believes that the interests of justice would best be served by this court granting his motion . . . and allowing his death sentence to be carried out," Parsons, 34, wrote in the motion filed in District Court on Monday.
Richard L. Ernest was driving from Southern California to Denver, Colo., in August 1987 when he picked up Parsons -- then a 23-year-old parolee from a Nevada prison -- in Barstow, Calif. Parsons claims Ernest made a pass at him at a southern Utah rest stop.
Parsons said he tried to get out of the car, but Ernest grabbed him. Parsons responded by stabbing Ernest in the chest with a hunting knife, then plunged the knife into him 10 more times.
Parsons took Ernest's wallet and credit cards, dumped his body beside I-15 and used the cards to pay for a motel room and personal items. He was arrested near Beaver on Aug. 31, 1987, while sleeping in Ernest's car.
Parsons pleaded guilty to the murder before the case went to trial and a jury sentenced him to death. There was no evidence presented during the sentencing phase to support Parsons' claims that Ernest, who was in the process of divorcing his wife, was homosexual.
"(Parsons) is not convinced he should be executed," said prison spokesman Jack Ford, who met with Parsons earlier this week. "He feels almost that it's self-defense rather than an aggravated crime."
"He's tired of living on death row where you have very little movement or freedom," said Ford.
Parsons has declined to be interviewed, telling Ford and Sanders he wants to keep a low profile.
Parsons has had a habeas corpus appeal pending before U.S. Magistrate Ronald N. Boyce since November 1995. The appeal claims Parsons received inadequate counsel and the jury was not properly instructed.
About a year ago, attorneys for both Parsons and the state asked Boyce if he required additional information, a gentle prodding for the judge to rule that brought no results.
"It is a heck of a long time to have a case under advisement, and you would hope that it would come sooner than that," said David Yocom, who handled Parsons' federal appeal for the Utah Attorney General's office. Yocom is now the Salt Lake District Attorney.
Boyce said Wednesday that a ruling on the appeal could come within 90 days, unless Parsons decides to proceed with his motion to withdraw it.
"If (Parsons) wants to die, that's his business," said Boyce. "But if he wants to hang in there, you bet (I'll rule). It's his choice."
A hearing on Parsons' motion is tentatively set for May 13, although it will likely be rescheduled. If the appeal is withdrawn, the trial court will be asked to issue a death warrant and Parsons could be put to death 30 to 60 days later, said Assistant Attorney General Thomas Brunker.
"We view it as our obligation to see that that goes forward quickly," he said.
But Brunker is cautious, noting that a similar motion was filed by convicted killer Ronnie Lee Gardner last May, but Gardner changed his mind and continued with his appeal.
Sanders said Parsons' motion to withdraw his appeal seems to be genuine.
"He's made it clear to me he's made up his mind and just wants to get it done," said Sanders, who said he advised Parsons that Boyce's ruling could be imminent. "He said, 'I don't care.' "