WEST VALLEY CITY — A 3rd District judge denied a motion Friday from state attorneys to run DNA tests on a cigarette butt found at the scene of a 1986 murder of a convenience store clerk.
Testing "may identify with greater specificity the person whose genetic material was found on the cigarette butt," assistant Utah Attorney General Thomas Brunker stated in the motion filed Sept. 17. Tests for blood enzymes at the time of trials showed a match with both the defendant, the victim and 36 percent of the general population, Brunker said.
Ralph LeRoy Menzies, 45, was convicted and sentenced to die for the 1986 abduction and slaying of Maurine Hunsaker. The conviction is currently on appeal in both state and federal courts.
Brunker also argued that testing would prevent any further deterioration of the evidence and prevent it from being lost.
Menzies' attorney, Elizabeth Hunt, said the state's motion was without merit because there was reason to assume the cigarette butt would deteriorate or be lost, although it could be permanently destroyed in the process of testing.
She also argued that the district court was without jurisdiction given the current appeal of the case before the Utah Supreme Court. New test results could also alter the existing court record, which under law would be a third-degree felony, Hunt said.
Brian sided with Hunt but did encourage prosecutors to locate the evidence and ensure that it is moved to a "stable crime lab," where its authenticity could be preserved.
After the hearing, Hunt said she believed Brian had seen no compelling reason to order a test of the sample. Brunker interpreted the judge's decision as "not compelling at this time."
Brunker said he may re-file the motion once the Utah Supreme Court rules on Menzies' appeal. That's not likely to happen until sometime next year, he said.
E-mail: jdobner@desnews.com