Attorneys for death row inmate Ralph Leroy Menzies have requested that their client receive a new MRI exam as part of his upcoming evaluations to determine whether he is legally competent to be executed.
Menzies, 62, was a week away from having his death sentence carried out on Sept. 5, when the Utah Supreme Court, in a 5-0 decision, ruled that questions about Menzies’ competency should have been given a second look in district court.
A new competency hearing is now scheduled for Dec. 9 through Dec. 11, and the morning of Dec. 12, if needed. At that time, attorneys for both sides will present their arguments in court as to whether they believe Menzies is competent to be executed. Before then, both sides will have their expert witnesses examine Menzies in order to prepare their reports on the state of his competency.
On Monday, attorneys for Menzies submitted a request to the court to allow for another MRI exam.
“Mr. Menzies’ health has declined significantly in recent months, as the court is aware. Associated with that decline, Mr. Menzies is now almost completely unable to walk, even with the assistance of a walker. He also cannot lift his legs to get into bed or to dress himself. In addition, Mr. Menzies has very limited use of his right arm. Based on these changes, experts retained by Mr. Menzies have suggested that an MRI is necessary to assess changes to Mr. Menzies’s brain, including determining if there have been additional strokes. The results will also be important in subsequent treatment for Mr. Menzies,” the motion by his attorneys states.
In its response on Tuesday, the state said it did not oppose the defense motion as the MRI “may be relevant to the competency evaluations.” But prosecutors also stipulated “as long as completing the MRI will not interfere with the competency evaluation proceeding as scheduled.”
Menzies was originally determined to be mentally competent for execution on June 6. But his attorneys claim their client has "advanced vascular disease resulting in dementia, with severe brain atrophy," and his condition has declined so much since June that it raises a “substantial” question of his current state.
Menzies was convicted of kidnapping and brutally murdering Marine Hunsaker in 1986. He was sentenced to death in 1988 and chose to be executed by firing squad, which was still an option in Utah at that time.