Matt Hunsaker was only 11 when his mother was murdered, and the event has shaped his life ever since.
However, the now-grown man said he was "very, very happy" Thursday after a judge struck down one more obstacle leading to the execution of the man convicted of killing Maurine Hunsaker.
"His hourglass is emptying," Hunsaker said of Ralph LeRoy Menzies, 45, who was convicted of tying Maurine Hunsaker to a tree, strangling her, cutting her throat and leaving her to die in 1986 — 18 years ago this week.
Menzies was convicted of the murder in 1988 and was sentenced to die but has undertaken a series of appeals.
Menzies' arguments got a setback Thursday when 3rd District Judge Pat Brian denied a motion by Menzies that could potentially have reopened the state appeals process from nine years ago.
Menzies at one time argued that his original trial attorneys had not done their jobs properly. He then petitioned the court stating that his attorney during his post-conviction appeals, Ed Brass, had provided ineffective counsel.
Brian denied Menzies' motion, observing that Menzies did not try to contact the court during the four years that Brass represented him. The judge also noted that Menzies is well-versed in how the judicial system works, even to the point of earning a paralegal degree in prison, and had gotten previous attorneys removed from his case.
"Over a period of many years, for reasons that perhaps will only ever be known to the petitioner (Menzies), he elected to let the clock tick without seeking assistance from the court," Brian said.
The judge said he had spent months considering the case before issuing his 70-page written ruling.
Brian said he had to weigh many factors.
Among them: Menzies' right to total access to the court, due process of law, effectiveness of counsel and the right to have his case decided fairly vs. the rights of others, including the victims, who deserve to be assured that due process of law is followed and that they will be "able to achieve closure based on the court's judgment."
For practical purposes, this ruling does not mean an execution date is looming any time soon for Menzies.
Thomas Brunker, assistant attorney general, said it is possible Menzies could appeal Brian's ruling to the Utah Supreme Court. Menzies also has begun appeals in the federal court system.
E-mail: lindat@desnews.com