SALT LAKE CITY -- Joseph Mitchell Parsons wants to die, but the condemned murderer who spent the past 11 years on death row will have to wait to have his wish fulfilled.
Parsons had asked U.S. Magistrate Ronald Boyce to allow him to fire his court-appointed attorney, Greg Sanders, and drop an appeal pending before Boyce, potentially allowing Parsons to die by lethal injection before the end of the summer.But Boyce on Friday postponed ruling on Parsons' motion, instead instructing him to meet with Ron Yengich, who is Parsons' back-up attorney but has far more criminal experience than Sanders, a civil attorney.
Parsons was angry with the delay.
"You tell (Yengich) to come see me as soon as possible, because this is (unacceptable)" Parsons whispered loudly to Sanders, using an expletive to express his frustration.
Yengich was traveling Friday and would not be back until next week, said his law partner, Bradley Rich, who appeared at the hearing on Yengich's behalf.
"Nothing Mr. Yengich could possibly say would change my mind," Parsons told Boyce. "I don't see the need for it."
But Sanders supported Boyce's decision.
"If it happens where he's strapped on that gurney, we can all say he had the opportunity to change his mind," said Sanders following the hearing.
Parsons, 34, wore a buzz haircut, orange prison jumpsuit, shackles and glasses secured with a rubber band.
During a lengthy question-and-answer session with Boyce, Parsons indicated he was not depressed or medicated and understood that if his motion were granted he likely would be executed.
"It's not fair to my family or the state of Utah or anyone else to continue the petition any further," Parsons said. "I've made peace with myself and my family, and it's time to move on."
Parsons was sentenced to death for the August 1987 murder of Richard L. Ernest.
Ernest was driving from Southern California to Denver, Colo., when he picked up the hitchhiking Parsons in Barstow, Calif. About a week-and-a-half earlier, Parsons, then 23, had been paroled from a Nevada prison where he had served time for aggravated robbery.
Parsons claims that while the two slept at a southern Utah rest stop on Aug. 30, 1987, Ernest made a homosexual advance toward him. He said he tried to escape, 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.
He took Ernest's wallet and credit cards, dumped his body beside Interstate 15 and used the cards to pay for a motel room and personal items. He was arrested the next day near Beaver while sleeping in Ernest's car.
Parsons pleaded guilty before a trial. No evidence was presented during the sentencing phase to support Parsons' claims that Ernest, who was divorcing his wife, was homosexual.
Sanders said Parsons admitted that his prison time gave him a strong dislike of homosexuals.
Parsons has had a federal habeas corpus appeal pending before Boyce since November 1995. The appeal claims Parsons' trial attorney wasn't given enough money to do an autopsy and background interviews on Ernest and also challenges instructions given to jurors.
More than a year ago, both Sanders and state attorneys asked Boyce if he required additional information to make a ruling, a gentle prodding for the judge to rule that brought no results.
Sanders said that after his conviction, Parsons set a 10-year deadline to have his appeals completed. That deadline lapsed a year ago, but Parsons delayed it, hoping for a ruling from Boyce.
Boyce told the Associated Press two weeks ago that a ruling on Parson's habeas corpus appeal could come within 90 days.
On Friday, Boyce urged Parsons to follow through on his appeal.
"It's this court's position that you would be well-advised . . . to at least pursue your legal remedies," Boyce said.