The Utah Supreme Court has upheld Roberto Arguelles' death sentence, a decision expected to be welcomed by the serial killer, who asked to die by firing squad after he was convicted in 1997.
The case was appealed to the high court by defense attorney Ed Brass as required under state law although it was against Arguelles' wishes and without his assistance. Brass said the ruling Friday marks the end of the appeals that can be made without Arguelles' consent.
The case is expected to be sent back to the 3rd District Court to set an execution date.
"It's a sad day," Brass said. "I think average Utahns should care because in my opinion, if people are to be executed in the state of Utah, every appropriate safeguard should be observed."
The state, however, was pleased with the ruling.
"We've won," Assistant Attorney General Thomas Brunker said. Brunker estimated an execution date could be set in about three months unless Arguelles changes his mind and appeals his case to the U.S. Supreme Court.
That's not likely. Arguelles has argued that the death penalty is the appropriate punishment for him and presented only limited mitigating evidence against such a sentence during the penalty phase of his trial.
Brass said Arguelles could have cited any number of factors, including issues related to his childhood, his mental capacity and the possibility he may have been suffering from some brain disfunction that would have allowed him to commit his crimes.
Arguelles pleaded guilty in 3rd District Court to the murders of Stephanie Blundell, 13; Tuesday Roberts, 14; Lisa Martinez, 16; and Margo Bond, 42. The four women were killed in 1992 while Arguelles was on parole from the Utah State Prison.
He received the death sentence on June 20, 1997, and 3rd District Judge David Young granted Arguelles' wish to be executed by firing squad without the traditional hood over his head.
His execution was delayed after Arguelles attempted to hang himself with a prison laundry bag in 1998, and the Utah Supreme Court ruled he must undergo a psychiatric evaluation. Arguelles was ruled competent by three doctors.
The Utah Supreme Court affirmed Arguelles' sentence, concluding that he "knowingly, competently and voluntarily waived his right to counsel, and his failure to offer additional mitigating evidence did not undermine the integrity of the verdict."
The court stated in its 44-page opinion that "Arguelles repeatedly stated, both before and after the hanging, that he wished to forgo his right to appeal and move directly to the imposition of his sentence."
The unanimous opinion was written by Chief Justice Christine Durham. Utah Court of Appeals Judge Pamela Greenwood sat in for Associate Chief Justice Matthew Durrant, who disqualified himself.
Brunker said the state would not oppose Arguelles if he chooses another form of execution. However, Brunker said it is not clear whether Arguelles can face a firing squad without a hood as he requested.
"I don't know what the prison would say about that," Brunker said. "It's a procedural issue."
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