A psychologist issued his clinical opinion Friday that death row inmate Ralph Menzies, who was set to be executed before it got appealed, is incompetent to be executed.
Ralph Leroy Menzies, 67, 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.
Menzies, 67, was found guilty of murdering Maurine Hunsaker, a 26-year-old mother of three who worked at a gas station in Kearns, in 1986. She called to tell her husband she had been abducted, and her body was found in Big Cottonwood Canyon two days later.
Menzies was initially 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.
Psychologist Dr. Michael P. Brooks said in his report issued to Judge Matthew Bates Friday, that Menzies has a diagnosable mental condition, “namely major neurocognitive disorder probably due to vascular disease, with behavioral disturbance.”
Brooks stated he came to the diagnosis through neurological, neuropsychological, and neuro-radiological test results that show he has negative cognitive deficits and that it has deteriorated over time. While addressing some of his medical conditions could help slow the disorder, there is no treatment to significantly improve it, he said.
The condition makes it so Menzies lacks understanding of his impending execution from his murder conviction, the doctor said in the Department of Health and Human Services report.
“This condition impacts Mr. Menzies’ cognitive abilities such that he is unaware of the crime for which he is convicted, the parameters of the case ... the capital nature of the sentence he received, or how the punishment will be carried out,” the report states.
The competency report cited medical history, drug addictions and negative childhood experiences as contributing to his incompetency.
“As such, it is my opinion that Mr. Menzies is not competent to be executed, and that he does not have a substantial probability of restoration to competency, given that there is no treatment that would improve any cognitive deficits incident to this condition,” Brooks stated.
A new competency hearing is 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 must have their expert witnesses examine Menzies to prepare their reports on his competency.