Utah attorney general’s office lawyers representing separate state agencies involved in evaluating death row inmate Ralph Menzies’ competency did send each other hundreds of emails, despite a self-imposed communications firewall.
They did endeavor, in error, to keep those 800 pages of emails secret from Menzies’ defense team.
But they did not improperly collude with each other — and did not taint the case against Menzies, 3rd District Judge Matthew Bates reasoned in a ruling released Friday.
Because of this, Bates determined the attorney general’s office can continue prosecuting Menzies. And now, Menzies’ attorneys say they have “no confidence” in the case.
Lawyers with the attorney general’s office are also representing both the Department of Health and Human Services and the Department of Corrections. DHHS will evaluate Menzies’ competency, while Corrections staff provide evidence, such as phone calls or witness statements, about his behavior.
Menzies’ attorneys had argued that the office’s prosecutors should be kicked off the case because they violated their “conflict screen” — and the hundreds of pages of emails, which defense attorney Eric Zuckerman had sought in a subpoena, were evidence of their improper collusion, he said.
Bates made his decision after evaluating four email chains between the various attorney general‘s office counsel, according to his written ruling. Bates did not review any of the emails Zuckerman subpoenaed.
“These emails fall far short of even suggesting any improper conduct or influence,” he wrote in a ruling issued Friday. “Rather, they show counsel for each entity collaborating together, sharing perspectives, and negotiating in the same manner that reasonable and civil opposing counsel would in any court case.”
(Utah Department of Corrections) Utah death row inmate Ralph Leroy Menzies.
The firewall was meant to prevent conflicts of interest and barred communications between attorney general’s office lawyers representing each entity in most instances, according to a copy of the memo — except for when it “would be clearly permissible with opposing counsel in the matter.”
Bates ruled last month to release those emails to Menzies’ defense team.
Last week, at a Thursday court hearing held to determine whether Menzies would need to appear in-person at his upcoming competency proceedings, Bates first announced he would not disqualify prosecutors. He did not provide additional information ahead of the written ruling filed Friday.
Zuckerman said in a written statement Thursday that Menzies’ defense team “can have no confidence” that his client’s competency proceedings will be “fair and impartial” as the Utah attorney general’s office prosecutes the case.
“Due process requires that the State not put its thumb on the scales of justice by sharing confidential information among entities with conflicting interests,” Zuckerman said.
Bates’ ruling ultimately said that the state agencies appeared to be working independently, and that Zuckerman hasn’t shown that any “improper communications or influence” has tainted that independence.
Menzies was convicted of killing Maurine Husanker in 1988. The 26-year-old mother of three was abducted from her job at a Kearns convenience store and her body was later found at a Big Cottonwood Canyon picnic area. She had apparently been strangled and her throat was cut.
Lawyers have been litigating 66-year-old Menzies’ competency since his attorneys broached the issue in January, about a week after prosecutors filed court documents requesting that a judge sign off on an execution warrant to carry out his death.
Menzies’ attorney have argued that attending the upcoming, five-day competency hearings would cause the 66-year-old too much pain and discomfort; they asked Bates to excuse Menzies from attending. Menzies, whom his attorneys say has dementia, uses a walker at the prison and has shoulder problems.
Zuckerman also said Thursday at the hearing that Menzies “doesn‘t want to be present.”
Bates announced on Thursday that Menzies’ must appear in court for at least one day of competency proceedings — and every day after that until they have reached “maximum benefit” of having him there.
He will be allowed to use a wheelchair, will be shackled with his hands in front of him instead of behind, and he will be allowed at least one break, Bates said.
Matt Hunsaker, son of Maurine Hunsaker, told the court on Thursday that he preferred Menzies attend the hearings in full. He worried that by not appearing, it may open up Menzies to file additional appeals and further delay the case.
Hunsaker added that his grandmother already died awaiting Menzies’ sentence and he didn’t want to wait any longer.
“He‘s the one that brought this challenge to the court ...,” Hunsaker said. “He‘s the one that brought all this. He‘s the one that’s asking for this, But he is saying now, ‘I don’t want to be there. I don‘t care what y’all do.‘”
Menzies’ competency hearings are scheduled for Nov. 18 through Nov. 22.
