Death-row inmate Roberto Arguelles had suffered an intestinal blockage in recent weeks but refused medical treatment for the condition, sources said.
Arguelles, 41, died Saturday night in the infirmary at the Utah State Prison from what was called "unknown causes." Medical privacy laws prevent prison officials from confirming information about Arguelles' medical condition or the cause of death, although warden Clint Friel has said that the convicted rapist and murderer had twice been taken to the University of Utah Medical Center in recent weeks.
An autopsy was completed Monday, but toxicology reports likely will delay an "official" cause of death for up to a month, Salt Lake County Sheriff's Sgt. Keith Stephens said. The sheriff's office is investigating the death.
Nothing about Arguelles' death appears to be suspicious, Stephens added.
Sources told the Deseret Morning News that Arguelles had been hospitalized for intestinal problems over the past two weeks, but he refused treatment for a blockage. Affidavits filed in 3rd District Court in June indicated Arguelles had been ingesting court documents, plastic and his own feces for the past 18 months.
Arguelles, who pleaded guilty to the 1992 kidnapping, sexual assaults and murders of three Salt Lake County teenagers and one woman, had been set for execution by firing squad in May. The execution was stayed after questions were raised about Arguelles' mental competency both by the Utah Department of Corrections and by attorney Ed Brass, who was later appointed to represent Arguelles in the competency evaluation process.
Brass had filed a petition before the U.S. Supreme Court because unusual court procedures early in Arguelles' case raised questions about the process of trial and appeal of capital cases, including the extent to which an individual can represent himself.
In addition, Brass himself was appointed as co-counsel to Arguelles in his automatic appeal but was then removed and asked to instead advise the Utah Supreme Court for the same process.
The high court agreed to hear Brass' petition but had not yet done so when Arguelles died, raising the question of how Brass and the state of Utah proceed with any of the legal issues relating to Arguelles that are pending.
Brass said Monday he was unsure how he would proceed. Two differing court rules govern Supreme Court cases when the subject of a petition dies, Brass said, but he had yet to review them to see if those rules allow him to pursue the issues raised.
"Does the issue survive (the death) or no? Do you need to have another case where these issues come up again or does the public interest outweigh the death?" Brass asked. "I don't know."
Utah's assistant Attorney General Thomas Brunker doesn't think so.
Brunker said he contacted the U.S. Supreme Court Monday and asked for direction. In his review of the two rules with a high court clerk, neither rule seemed to apply to the Arguelles situation.
"(The issues) don't survive him for this case," Brunker said.
Brunker said he was also uncertain about specific state court procedure but added that he likely will file a motion asking the judge to rescind the recently ordered competency evaluation and suggest the court simply close the case.
E-MAIL: jdobner@desnews.com