SALT LAKE CITY — After 25 years on death row, Ronnie Lee Gardner now wants to see the résumés of those who may execute him.
Gardner has asked for basic information on those who may soon be carrying out his execution in an effort to make a more "informed choice" as to how he will die — by firing squad or by lethal injection.
A new death warrant is expected to be signed next Monday, and his execution could take place in May or June.
Attorneys for Gardner and the Department of Corrections stood before 3rd District Judge Robin Reese Monday and informed the judge of an agreement that has been made that will allow Gardner's attorney, Andrew Parnes, to inform Gardner about the training and education of those who would carry out his execution.
Gardner will not be allowed to see the redacted documents holding the information on the execution teams, and he won't be told any specifics such as their names and titles, assistant attorney general Sharel Reber said.
"Just the type of information to show what type of people will be carrying this out," Reber said. "Their education, an idea of what kind of expertise is going to be involved, no titles, etc., just their qualifications."
Reese clarified that this information will simply help Gardner to make "an informed choice between the two methods." Assistant attorney general Erin Riley said they will exclude "anything that will be a security risk" from the documents.
Gardner has the option of choosing his method of death despite a 2004 law passed by the Utah Legislature eliminating the firing squad, because he asked to die by firing squad at the time of his sentencing in 1985. Those who had asked for death by firing squad were grandfathered in under the old law and still have the option.
Gardner, 49, was sentenced to die for shooting and killing attorney Michael Burdell and severely wounding Salt Lake County sheriff's bailiff George "Nick" Kirk while trying to escape the now torn-down Salt Lake County courthouse in 1985.
Gardner, who used a gun smuggled in by his girlfriend, was in court that day facing charges stemming from a 1984 robbery and shooting death of bartender Melvyn John Otterstrom.
A jury convicted Gardner of capital murder in the slaying of Burdell.
Tom Patterson of the Department of Corrections said it was a "good argument" that Gardner would want the information on the execution team before making his decision, but he said the department is ready to carry out either method.
"We are prepared for both," he said. "Utah is the only state that has firing squad, and it becomes a novelty nationwide and even worldwide. If Mr. Gardner wants that, we're prepared to carry that out."
Though he initially asked for death by firing squad, Gardner asked for lethal injection in a later warrant for his execution, said Tom Brunker, head of the attorney general's capital punishment appeal section.
Brunker said the decision will need to be made by April 12, when the judge is expected to sign a new execution warrant. Gardner has waived his right to appear at the hearing. Brunker said it is his understanding that Gardner will choose "whatever method that would cause the least amount of suffering."
"We've taken the position that unless the choice issue were to cause a delay, we aren't going to contest it," Brunker said.
He said the method and date of the execution must be filled in on the warrant when it is signed. The execution date has to be at least 30 days, but not more than 60 days, from the time of the hearing. Brunker said they usually ask for the full 60 days to give the Department of Corrections ample time to prepare.
Once the warrant is signed, Gardner has seven days to ask the Board of Pardons and Parole to commute his sentence to life without parole, but Brunker said this process would take less than 60 days and should wrap up before the scheduled sentencing.
In the hearing, Gardner's attorney also wanted to clarify that the judge, who worked in the Salt Lake County Attorney's Office from 1981 to 1987, was not at all involved in the prosecution of Gardner.
"I don't believe I was involved at all. … If I did have any involvement, I don't remember it," Reese said.
e-mail: emorgan@desnews.com